Hello this is a wonderful website I just lost my husband he was a victim of Covid. I just had a probate done in Michigan done in Michigan where we live. He had oil rights that were in his name so now I must do an Ancillary Probate in ND to get the Oil rights in my name. I was told to find an attorney far from the oil patch that it would be less expensive is this true. I have had some crazy high prices quoted to me I appreciate any info. Thanks
So sorry for your loss.
Keep searching with the following in mind:
You don’t necessarily need to use an attorney from the county were the property is located. You might search Bismark probate attorneys.
You will not necessarily need an attorney who is well versed in oil and gas as long as they know how to include the description in your pleadings.
Ask for a flat fee, most attorneys can quote one for an uncontested probate.
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That was what I had read to find one away from the oil patch. I found Boppre Law Firm in Minot ND.
They quoted me a very reasonable price and said they would get it done as quick as possible which will still be 2 or 3 months. It’s been a long drawn out process I can’t wait until it’s all done. If they do a really good job for me I will be sure others know about them on this site its hard to find anyone honest anymore.
Thank you so much for the info.
It’s been a handful of years, however I have used this attorney and she represented us extremely well, re recorded deeds and such
Good luck
Brittany Bergstrom Attorney Neff Eiken & Neff, P.C. Williston I think 701-577-2000
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Thank you Scott I have found Boppre Law Firm in Minot ND. I do have another question do I have to Claim the mineral’s every 20 years or the land owner can take them? Should I have my probate attorney look into that how would anyone know when the 20 years is up? Where do you refile the Claim for the mineral’s. Thanks for info I appreciate it very much.
Yes, If minerals are non-producing, you do have to claim them every 20 years. Just to make sure, I also claimed all of my producing minerals just to have them on file and on the same schedule. They may stop producing at one reservoir and maybe someday have another reservoir with potential with new technology. The state has a template for the form that you file in each county with minerals with a listing of the description of each set of minerals. It has very specific guidelines for margins, paper style, space for a seal, etc. Look up “Statement of Claim of Mineral Interest” . I did mine about nine years ago, so not sure if the claim form is the same as back then.
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This is not legal advice, check with the law firm with whom you are working. Also ask about probate avoidance options in ND (Trust, transfer on death deed, etc.)
I assume this is the form described: statementclaim.pdf (114.5 KB)
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Yes, that is the generic claim form. When I did mine a few years ago, they were very particular that it had to be on legal size paper with certain margins and the seal area had to be a certain size to accommodate their stamped seal, etc. So best to check with the county and your probate attorney to make sure you have the most recent form and requirements.
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I am not a lawyer, but I believe that is called a “quiet title” claim - no activity on a title for an extended period. However, I would like to share my experience on this, which was misuse (in my opinion) of this provision by unscrupulous persons.
We went through the work to probate my grandfather’s mineral rights to my generation. Some of the parcels were under lease and ultimately began producing. After several years, one well stopped paying. When I requested explanation from the operator, I received no clear reason other than “there has been a judgement.” I had not been notified as to any issue with my claim nor had my siblings.
We finally got a ND lawyer (who aided us in the probate work) involved to inquire. They immediately answered his query. It turns out someone had filed a “quiet title” claim on our producing well in Dunn county and the judge awarded them title. They filed their claim in another (Stark) county and sent the notifications to my dead grandfather’s post office box in Florida which (I believe they knew) was of course no longer active or in his name. Why the judge allowed this is beyond me as the parcel was one of our most active.
So, just be alert. This statue can be misused by those trying to unscrupulously lay claim to your mineral rights.
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This is the best web site it was a blessing to find it I am learning so much thanks for sharing your knowledge. I will ask the attorney doing my ancillary probate perhaps he can file thoses claims for me as you said have them on file on the same schedule that makes so much since just to make sure. They are producing wells right now I have 9 different names and description’s Herbert, Angelita Schollmeyer and 7 more. I found a attorney in Minot ND Boppre Law Firm it took many calls to find them. They seem to be really on the ball I can’t wait until its complete. Thank you all so much for the information!
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