The facility wants a deposit, the family has an asset nobody can turn into money quickly, and everyone is making decisions on a bad week. This page is what we would tell you on the phone, including the parts that argue against selling.
Three questions decide it, and a mineral buyer telling you to ask them is worth more than one who does not.
What does the interest actually produce? If royalties are paying two thousand dollars a month, that is care money arriving every month without touching the asset. Selling converts a stream into a lump sum, and for care costs a stream is often the better instrument.
Is there any other liquid asset? Minerals are usually the last thing a family should sell, not the first, because they are the hardest to value and the easiest to sell too cheaply under time pressure.
What is the eligibility picture? If the goal is Medicaid, the analysis is not about cash needs at all. See below.
We will run the numbers with you and tell you honestly if holding is better. Our when not to sell page exists because this happens often.
This is the part families get wrong, and it is expensive to get wrong. Talk to an elder law attorney before you do anything. What follows is background so the conversation goes faster.
Long-term care Medicaid is means tested. A mineral interest is generally a countable resource, valued at what it could be sold for, and royalty payments are generally counted as income in the month received. That combination causes two distinct problems: the asset may put the applicant over the resource limit, and the monthly checks may put them over the income limit.
Three points worth raising with the attorney:
The practical result in many cases: the family spends the mineral proceeds on care, qualifies afterward, and the documented sale price is what keeps the spend-down clean. A sale at a defensible number protects eligibility. A sloppy one endangers it.
Often yes, and the details matter.
The power of attorney must actually grant authority over real property, since minerals are real property. Many general forms do; some do not, and some limit it. In Oklahoma the instrument should also be durable, meaning it survives the principal's incapacity, which is usually the entire point.
Practically, a buyer and a title examiner will want the original or a certified copy, will confirm it has not been revoked, and will usually want it recorded in the county where the minerals sit so the conveyance chain is complete of record. Some counties and some examiners are stricter than others. We handle that recording as part of the transaction.
If there is no power of attorney and the parent no longer has capacity, you are looking at a guardianship, which is a court proceeding. It is slower and it costs more, but it is a solved problem, and a guardian's sale of real property generally requires court approval, which incidentally produces excellent documentation. See our fiduciary sales page for how that documentation should look.
Faster than most people expect once title is clear. Our normal sequence, described in full on how it works, runs valuation, offer, deed, and funding in about thirty days, and we can compress it when there is a real deadline. If title needs curative work, that is the variable, and it is why the first call should happen before the deposit is due rather than after.
Two things we do not do: we do not make an offer conditional on you accepting it that week, and we do not use a family's deadline as leverage on price. If we did, we would deserve the reputation the industry has.
You are rarely obligated to sell everything. If the family needs a specific number for a specific purpose, sell the part that produces it and keep the rest. Owners do this constantly. It funds the care, preserves the upside, and keeps the family from making a permanent decision about the whole asset during a hard month.
Send check stubs, a deed, or just a county and a name. We will find the interests, tell you what they are worth, what a partial sale would raise, and whether we think you should sell at all. Free, no obligation, and we will talk to your elder law attorney directly if that is easier.
Get a Free Valuation Ask a LandmanBerlin Royalties is a mineral buyer and a landman shop in Tulsa. We are not a law firm, a CPA firm, or benefits counsel, and nothing here is legal, tax, or Medicaid planning advice. Eligibility rules, look-back periods, and estate recovery vary by state and change. Work with an elder law attorney in your parent's state before transferring or selling anything. Last reviewed August 2026.