My Dad passed away in 2015. No will no assets that we knew of. I got a call from my Aunt this week (his sister). that someone had contacted my Uncle wanting to know if my father had any children/next of kin concerning my father’s mineral rights. My uncle doesnt have my phone number so he called my Aunt who called me. My uncle has since given my phone number to whoever it is that called him. I had no idea my Dad had any mineral rights. What should I know or do when they call? I’m in the dark with this. If he did have mineral rights and they are trying to find next of kin that must mean something is happening. I just want to know what questions I should ask from this phone call coming. Thank You. I put this in Wyoming because that’s where he lived. I know nothing about any of it at this point.
When they call:
-Ask how they got your uncle’s name
-Ask for an exact description of the acreage including the county, section, township and range and the aliquots (ex: S2 NW4 of NW4). Ask how many net acres. Ask if there is a lease already and if so, what is the royalty or what are their intentions.
-Ask what needs to be done to clear the title. You may have to file under intestate laws for Wyoming.
-If they want to buy, stall and get your title cleared up first
-If they want to lease, then get legal help with the clauses of the lease as the first draft is likely not in your favor.
-Look up unclaimed funds under your father’s name and possibly his relatives. Search under the unclaimed funds from the treasurer’s office in Wyoming.
Thank You very much. I now feel somewhat better when the calls comes. I’ve been doing some research but again I didn’t even know my Dad owned any mineral rights.
M_Barnes gave great advice. This happens more often than not, likely due to the fact that owners of mineral interests are unaware that this is a real property interest. If an owner of a mineral interest dies without a means of transferring ownership of the interest, it must go through the requisite intestate proceedings to clear up ownership. In Wyoming, the distribution is generally 1/2 of the estate to the surviving spouse, and the remaining 1/2 to the surviving children and descendents of children. Often an Operator will request an Affidavit of Heirship that lists all descendants, but that will NOT properly transfer title here in Wyoming. As to why your Uncle was contacted, if the lands are currently producing, the operator is unable to pay your dad now. Therefore any proceeds of production (royalties) that are due are being held in a suspense account until title is cleared. In the alternative, there may be no production on the lands, but rather an operator is planning on commencing such operations in the near future. He/she will want to ensure that all owners of mineral interests are either properly leased, or at least given the opportunity to do so. If you knew where the lands were located, that would tell us more about what’s going on so you can be prepared when and if you get contacted. I also concur with checking the unclaimed property website.
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