Oil and gas, coal, limestone, gravel interests (also referred to as “Mineral Interests”) are held in one of two different types of ownership. The manner in the interest is funded to your trust will depend on how the interest is owned. Mineral Interests can arise by deed or by lease. Thus, in order to fund Mineral Interest, a copy of the original deed or lease should be reviewed by an estate planning attorney.

As a general rule, if the oil or gas interest is owned by a deed (called Fee Ownership ), then the interest is funded by the use of a new deed. If the oil or gas interest is owned by a lease (called a “Lease Ownership”), then the interest is funded by the use of a legal assignment. These should be prepared by an experienced estate planning lawyer.