Trying to learn how to get my share of mineral rights in OK that my Grandmother owned. She passed away in 2002, 4 years after my Mother. There has been a Forced pooling order that lists my Mothers name and deceased under “Respondents with unknown address”. I havn’t found any Well name listed that matches the Well proposed in a letter my Aunt has from the Operator. Do I need to go to a Probate lawyer to get assignment, or should I go to the Operator who had proposed drilling the well and had filed for the Forced Pooling order to find out the current status? Other suggestions? Thanks!
Dear Mike,
I would start with the operator, I don't know for sure, but your moms and grandmothers Death Certificate and will stating that you were in title to it would do. Look Through your mothers statements and see if she has a receipt or tax statement on the minerals that she is paying taxes on. Or if you know where the land is, go to the court house there and look up your Grandmother in the deed of record. You can pretty much find this out on your own. You may need an attorney later on if neither of them left a will or another reason. Force Pooling just means one of two things. 1. Your grandmother didin't know what was going on when they leased from her and the oil company took the case to the texas railroad commission and got injuction stating that your grandmother has to let the oil company drill. 2. using a pugh clause on a lease, the oil company has to use all your land, not just what they think is useful. When I first found out I was left some minerals, I started making trips to the county court house and it was full of Land Men every day, and while the city employees in Fort Worth weren't too kind, all the land men were and answered my questions and showed me how to look up my Grand Dad's stuff all the way back to 1849. As for the assignment, I'm not sure what that is, but if you inherited it out right, then I would think you didn't need anything else except to notify the Oil company as to where they need to send the checks.
Sincerely,
Chris
Obtain a certified copy of the Final Decree evidencing your ownership. Contact the operator to advise you are an heir to your mother’s interest in Sec__-T__-R__ and have the decree available. File the Final Decree and an instrument of record under all sections where you’ve inherited interest stating your contact information.
Mike,
Pretty much ignore everything Mr. Wilson said and listen to everything Ms. Wilbanks said.
Chris Wilson said:
Dear Mike,
I would start with the operator, I don't know for sure, but your moms and grandmothers Death Certificate and will stating that you were in title to it would do. Look Through your mothers statements and see if she has a receipt or tax statement on the minerals that she is paying taxes on. Or if you know where the land is, go to the court house there and look up your Grandmother in the deed of record. You can pretty much find this out on your own. You may need an attorney later on if neither of them left a will or another reason. Force Pooling just means one of two things. 1. Your grandmother didin't know what was going on when they leased from her and the oil company took the case to the texas railroad commission and got injuction stating that your grandmother has to let the oil company drill. 2. using a pugh clause on a lease, the oil company has to use all your land, not just what they think is useful. When I first found out I was left some minerals, I started making trips to the county court house and it was full of Land Men every day, and while the city employees in Fort Worth weren't too kind, all the land men were and answered my questions and showed me how to look up my Grand Dad's stuff all the way back to 1849. As for the assignment, I'm not sure what that is, but if you inherited it out right, then I would think you didn't need anything else except to notify the Oil company as to where they need to send the checks.
Sincerely,
Chris
Thanks all. Problem is, I don’t have a final decree. Not sure what the status was on my grandmothers death, but evidence of the forced pooling suggests my Mother should be owner. Unfortunatly she precessed my grandmother in death. My mother had a joint will with my father, and no action required until his death at that time the will was probated. However I was not aware of the mineral rights at that time. I doubt they are worth the hassle but I was executor of my Fathers will so feel I have to pursue this to protect my sisters share. Mineral rights in Oklahoma, deaths in Kansas and Oregon so multiple jurisdictions. I’m in Colorado so can’t just run over and look at the books. County Clerks office in OK has not responded to written request. I wrote to a mineral and probate lawyer in OK but so far he hasn’t responded either. Mike
Buddy Cotten said:
Mike,
Pretty much ignore everything Mr. Wilson said and listen to everything Ms. Wilbanks said.
Best,Buddy Cotten
I was going to say final decree’s and probate’s sound expensive to me, especially if it were say just 1 net mineral acre. Just file an affidavit of heirship, it’s almost free, just the cost of a filing fee $8. If you’d have given the name of your grandmother I’d have given you the legal description to place in the affidavit before filing and I’d have given you the operator. After the affidavit is filed send a copy to the operator and they’ll pay on it most all times unless it is worth the probate, (big payouts).
Mineral Joe, I think you just told me what I needed to know. Monday I will go pull a couple Affidavit of heirship that are on file at the local county recorder and I can see how they were done and proceed from there. Mike
or I could save you the time and email you a couple, I have some from oil & gas companies and 2 simpler ones, one being my own version. Make certain to put the legal description in it so they will file it in that book. They are supposed to be filled out by someone not related to the individuals but who had known them well, that's a tall order but I have seen them pay when the sole heir was the affiant. Send a copy to the operator after it's been filed. Now if the minerals are worth say $100K or the well(s) are paying out $100K a year you'll probably want to spend the money to do a probate but this will only cost you a few bucks for filing fee until you get it figured out. Do put contact information in the affidavit for all the heirs, I attach to it or just tell the recorder to attach all pertinent documents like death certificate if you have it.
I was not suggesting to have the estates probated if they had not been already for the sole purpose of claiming title.to mineral interest. However, if probates and wills exist they should be followed and filed in counties where minerals are. Affidavits of Heirship are a last resort. It is sworn testimony by the affiant who ideally should be a third party, disinterestedan who is familiar with decedent and family.
Hi all,
I have a similar situation that I was wondering if someone could help me with. My grandfather passed away in 1984 and when he did his will was probated in Oklahoma for a small mineral right which in turn was split 50/50 between his surviving spouse(my grandmother) and my mom. In December 2010 my grandmother passed away. As a result the company wants to send my grandmothers 50% to my mom (next of kin). The issue we are having is that my mom is on SSI (Supplement Security Income) and if she receives my grandmothers portion she will lose all of it. My grandmother left a holographic will which states that her portion was to go to me upon her passing. We are hearing different things about how I should go about it. One way was that I should file the Affidavit of Heirship along with a disclaimer of interest. Does this sound right in order to get it switched into my name?
Joe, What would happen if after you file Affidavit of Heirship and lease the minerals someone comes up with a will. Is it up to the Operator to decide who the owner is or is this a matter to be decided in court?
Mineral Joe said:
I was going to say final decree's and probate's sound expensive to me, especially if it were say just 1 net mineral acre. Just file an affidavit of heirship, it's almost free, just the cost of a filing fee $8. If you'd have given the name of your grandmother I'd have given you the legal description to place in the affidavit before filing and I'd have given you the operator. After the affidavit is filed send a copy to the operator and they'll pay on it most all times unless it is worth the probate, (big payouts).
The key is that your mother predeceased her mother (your grandmother).
So, if your grandmother left no will, her interest would pass to you, not her son in law. Her son in law, your father, is not an intestate heir of his mother in law. No Consanguinity.
If Gran Mere left a will, then the will should certainly have instructions on distribution if one or all of the devises predeceases her (unless an idiot was her attorney). However, if the will was never probated (and enough time has passed), it is as if she died without a will and the property is yours by intestate distribution.
Thanks for taking time to answer Buddy Cotten. It has been several months since I had posted this and have proceded with the affidavit of heirship. Having that done, I had forgotten about sending a copy of it to the Operator or the Energy Company that did the forced pooling. Bringing the subject up has me back in focus. The mineral rights are in Section 24 of Township 14 North, Range 19 West in Custer County Oklahoma, I have yet to locate a well record or any notice of unclaimed money with the Oklahoma Corporation Commission. Thank You for your time. Mike Miller