2nd Jun 2022
I just spoke to someone by phone today about an ancillary estate. Because of the nature of my law practice and the area I live in, I run into ancillary estate issues more than most.
Practice & Area
The bulk of my practice is in estate and trust administration and planning – but also the related areas of real estate, business, and injury / wrongful death law. So questions about ancillary probate make sense generally.
But it is more about the area I live in. Agriculture and oil and gas are abundant around the City of Guymon and Texas County, and throughout the Oklahoma Panhandle and surrounding areas. It is also very close to the borders of several other states, namely: Texas, Kansas, New Mexico, and Colorado.
So what does an ancillary estate look like in real life in this part of the Country?
1. Someone grows up on a farm in this area. They move away to another state and obtain other property (house, business, investments, etc.). But they maintain an ownership interest in the family farm in this area (either directly as an owner all along or through family inheritance later). When they die, the property in both their home state and this area will have to be dealt with. That is where ancillary estate issues come in.
2. A family used to own a farm in this area. They sold the main part of the property long ago (what is often called the “surface”), but reserved oil and gas interests in the property. Those interests have been passed down in their family for some time. These family members have lives and property in other states. When they die, the property in both their home state and this area will have to be dealt with. That is where ancillary estate issues come in.
3. Someone lives and works and owns property in this area. They buy a cabin for recreation in New Mexico or Colorado. Or they buy a store in Texas or some farmland in Kansas. It is a similar situation to the prior examples, this time in reverse. Their property in this area will have to be dealt with when they die in Oklahoma, as their home state. But they will also have to deal with the other states they own property in. That is where ancillary issues come in – in the other states.
Administration or Planning
If someone close to you has died, and these types of issues have you wondering what to do, reach out to me directly at: CoryHicks@FieldAndHicks.com – or any of my contact info on this site.
Or if you own property in multiple states (or have family members or clients who do) and want to plan ahead, reach out to me directly at: CoryHicks@FieldAndHicks.com – or any of my contact info on this site.