I was recently notified that my step mother passed away. I am in the process of probating her Will, since my brother and I were left as the Executors. Among doing this her sisters, who have all her important papers, notifed us of land in Montanta that had oil and mineral rights in which my step mother inherited from her mother. They wanted us to sell the ownership rights to them in the amount of $1000.00. Documentation was sent to me regarding this and it looks as she leased out the oil and mineral rights and the last dated paperwork was from 2003. My brother and I chose not to transfer these rights to them and now they want to contest the Will. How can I find out more information regarding these oil and mineral rights and if they still exist? I was told also that upon my step-mother's death, these rights are terminated or does it go to the legal named Executors? Can the sisters contest this Will and win any ownership rights? This is a very difficult sittuation since we live in another state from where my step mother passed away and dealing with this issue is a totally different state as well. Any helpful information regarding this matter would be greatly appreciated.
Beverly:
You might have to consult with an attorney in regards to the dispute over the Will, but the information about these mineral rights will be recorded at the County Clerk's office in the county where these minerals are located. You failed to provide information on the location of these minerals but the majority of the oil and gas activity is in the Eastern MT areas.
Beverly,
Charles is right. Have your attorney explain your responsibilities as executor along with your brother and then you must comply with the terms and intent of the will. Your attorney can tell you how to distribute assets in accordance with the will and if probate is necessary. If valuable minerals are involved, that will affect the probate requirements to transfer them. Charles is right again, recorded documents, including wills and probates of wills count most in the long run.
I first posted this back in August 2012. Yes, I consulted with my attorney and the WILL has been in probate court and anything that was left to my step-mother, I have now inherited. I do not know much about the oil and mineral rights in Montana but I have recently found the locations of the areas.
Those areas are as follows:
Township 31 North, Range 48 East, M.P.M.
Section 27: S 1/2
Containing 320 acres
Township 31 North, Range 48 East, M.P.M.
Section 27: S/2
Township 31 North, Range 48 East, M.P.M.
Section 26: SW 1/4
Section 35: N 1/2, NW 1/4, SE 1/4, NW 1/4
Containing 600 acres
Township 31, North Range 48 East, M.P.M.
Section 35: NE 1/4, SW 1/4
Containing 40 acres
Township 31, North Range 48 East, M.P.M.
Section 35: NE 1/2, NW 1/4
Containing 5 acres
Township 32, North Range, 49 East, M.P.M.
Section 31: S/2 SE
Containing 80 acres
I am not sure what this means. Any help would be greatly appreciated !!
Thank you,
Beverly Hunter
These are the legal descriptions to your mineral areas. Looking at the GIS map for Mt., it indicates that Abraxas Petroleum Corp. has an active well in T31N;R48E;Sec 26. It appears to be a vertical well but it does show that production is occurring. Other areas have older p&a wells. Appears all minerals are in Sheridan County MT. You might want to investigate this well further but don't know what the spacing unit for the well is. I think over time, you will have the opportunity to lease but try to educate yourself in this area. Mr. Gary Hutchinson, is very knowledgeable about the activity in these areas and could possibly add further comments about what to expect in the future.