My elderly mother received a curative letter with 2 options for her: 1) Lease mineral rights $200/acre, royalty 3/16, 5 year term, or 2) Elect to participate and pre-pay proportionate share of all costs for completed well of $4 Million+. My siblings and I do not have any documents concerning my mother owning mineral rights, but we do remember Dad saying he owned mineral rights. Since Dad has passed away and my mother is 97 with dementia, we don't have any idea how to proceed. I'm assuming this curative letter means that there is a problem with the title?? Is there any way we can find get official documents stating that our Dad/Mom do indeed own the mineral rights? We don't know how to respond. What would you recommend? Thanks very much.
DO YOU LIVE IN PAYNE COUNTY? IF SO YOU CAN GO TO THE RECORDS OFFICE JUST WEST OF COURT HOUSE IN STILLWATER AND THERE'S A VERY NICE GUY THERE THAT WILL HELP YOU. ALL YOU HAVE TO DO IS TYPE IN YOUR PARENTS NAME AND IT WILL PULL UP WHATEVER YOU NEED LIKE (WARRANTY DEED, MINERAL RIGHTS, ETC). YOU CAN ALSO GO TO OKLAHOMA PUBLIC LAND RECORDS THEN TYPE IN YOUR PARENTS NAME OR LAND DESCRIPTION AND IT WILL PULL UP INFO. YOU SHOULD CHECK AROUND AND SEE WHAT EVERYONE ELSE IS GETTING ON THEIR LEASES 200 SEEMS KINDA LOW AND YOU DON'T HAVE TO SIGN FOR 5 YRS-3 IS MORE LIKE IT. ASK THEM FOR A "FAVORED NATION CLAUSE" AND SEE WHAT THEY SAY. AND DON'T PAY FOR ANY COSTS OF THE WELL.
We live in the State of Washington, so I will call Payne County Records Office to see if they can help. Thanks for the advice regarding lease term and the clause, etc. I appreciate your help very much.
You will probaly need an attorney for marketable title, but from what you say, you may be able to file an Affidavit of Death and Heirship that will satisfy the Oil/Gas Company.
Did your father die with or without a will?
Does someone have either a guardianship or a durable power of attorney over your mother?
I checked with Payne County Clerk's Office and there are old recorded oil leases for this same acreage and these old leases had both Mom and Dad's names on them. Dad did die with a will. We do have durable power of attorney over my mother. I appreciate your help.
Matthew said:
You will probaly need an attorney for marketable title, but from what you say, you may be able to file an Affidavit of Death and Heirship that will satisfy the Oil/Gas Company.
Did your father die with or without a will?
Does someone have either a guardianship or a durable power of attorney over your mother?