You can hire an attorney right off the bat, or a landman first (cheaper) to complete the cursory work then hire an attorney to cure the title to the property. If you want a short list of attorney’s try the following:
C. B. Graft of Graft & Walraven, PLLC in Clinton, OK
Timothy C. Dowd of Elias, Books, Brown & Nelson, PC in Oklahoma City, OK
Catheryn Koss of Oklahoma City University, in Oklahoma City, OK
David B. Mahaffery of Mahaffey & Gore, P.C. in Oklahoma City, OK
Dustin A. Davis of Evans & Davis, PLLC, in Edmond, OK
John B. McFarland of Graves Dougherty Hearon & Moody in Austin, TX
These are just the ones that stand out to me right now and is by no means comprehensive.
Joan, I am going to take a shot in the dark and guess that your son is Scott Bennett Gilbreth and your husband is Brad L. Gilbreth.
If this is the case, a quick review of your son’s interest would indicate that in 1997, your late father in law acting as the executor of the estate of his mother’s estate, conveyed to Bruce G. Gilbreth and Ann Gilbreth as Joint Tenants a one-half mineral interest in the E/2 NE/4 NW/4 SW/4 of Section 14-3S-4W. In 2006, Bruce G. Gilbreth and Ann Gilbreth, executed a “Beneficiary Deed” in favor of Scott Bennett Gilbreth. NOTE: Beneficiary Deeds are known as Transfer-On-Death deeds in Oklahoma and fall under Oklahoma Statue OS §58-1251.
The 1997 deed established both your mother and father as Joint Tenants, and the subsequent 2006 deed established that Scott Gilbreth will come into title to the 2.5 Net Mineral Acres previously owned in joint tenancy, upon the death of BOTH Bruce G. Gilbreth and Ann Gilbreth, in which case your mother in law is correct and he needs to wait. They may want him to ratify any lease she may sign.
However, there are two things that should be cleared up.
1. You need to confirm that Bruce G. Gilbreth had not acquired interest in the tract by some other means than the aforementioned 1997 deed. (I. E. upon the death of his father, he acquired an interest as an individual in the tract.) If this was the case, then Scott Bennett Gilbreth may have a claim to any interest that Bruce G. Gilbreth owned individually.
2. If #1 proves to be true, then you will need to speak with a competent attorney. A new change to Oklahoma Laws provides that Scott Bennett Gilbreth would have needed to file an affidavit within nine months in Stephens County to be vested with the title. This change went into effect in 2011 and not all landman may be aware that if Scott Bennett Gilbreth did not file an affidavit, then the interest reverted to the estate of Bruce G. Gilbreth. Either way take note and be sure to advise your son to do this within nine months after the death of Ann Gilbreth.
For reference the change to the law stated:
“The grantee shall attach a copy of the record owner’s death certificate to the beneficiary affidavit. The beneficiary shall record the affidavit and related documents with the office of the county clerk where the real estate is located within nine (9) months of the grantor’s death, otherwise the interest in the property reverts to the deceased grantor’s estate. “
I should be in Stephen's County in the next couple of weeks. Let me know if you want me to take a peek at the chain.