My grandmother deeded her mineral rights over to me (and herself, with full survivorship rights) prior to her death in 2004. She and my grandfather (deceased in 1992) owned 12 acres, surface and mineral, that they sold back in the early '60's. At the time of the sale, they retained 1/2 mineral rights interest in all 12 acres, therefore, that is the portion that I now own: Dewey County, OK S31/T19N/R15.
On the deed, the address listed was my grandmother's and my name is listed under my previous married name, therefore, I've been unreachable since her death. I was told that if a company was unable to reach me to negotiate a lease, that they would still be able to do so and/or drill if at least 80% of the owners within the section agreed to lease and I would not be due any monies for lease and/or royalties. Does anyone know if this is true and how to determine if there has been any activity on or around my minerals in the past 12 years?
I live almost 3 hours away but plan on making a trip to the Dewey County Courthouse to update my information in the near future. I'm assuming that I would need to provide them with a copy of my marriage license (for name change) but does anyone know if I need to provide a copy of my grandmother's death certificate (to prove sole ownership)?
Also, I am considering selling as I realize that 1/2 interest in 12 acres is probably considered to be quite small and possibly not worth trying to market as a lease. Does anyone know what a fair price would be or how to determine the value?
Thank you for any and all advice/recommendations you may have as I am completely ignorant when it comes to mineral rights and how they work.
http://imaging.occeweb.com/AP/Orders/occ5324210.pdf
Here is a pooling for 31-19n-15w. Any names that you know listed .
Thank you so much for your help. Yes, I’m listed as apparently deceased! I have no idea what any of this means. What do I need to do?
What is your grandmothers name who deeded you the minerals in 2004 and I will look for you.
Carolyn:
You need to file an "Affidavit of Surviving Joint Tenant" with a death certificate of your grandmother. Get a lawyer, or do it yourself, but this will straighten out both your name change and the change of ownership from your grandmother to you. Just driving to Dewey County without a legal document drawn up will not solve anything.
The only well in this section was plugged in 2011.
It is totally untrue that if you were not found, you would receive no money or royalty. If they can't find you, they force pool you and are required to send the funds to Unclaimed Funds or MOEA funds under the State Treasurer.
There are a lot of new leases in your section. After you file your affidavit, you should get some offers. 6 acres is not really that small these days.
Carolyn:
I'm just now seeing the pooling order that Ron pointed out. You need to contact Westwood at the address listed in the Pooling Order, and tell them of your grandmother's death and give them your mailing address. They owe you $1800 in bonus money, and they will eventually send a division order for you to sign. They will likely require the Affidavit of Surviving Joint Tenant that I pointed out earlier anyway, but it depends on the oil company.
JW:
Thank you so much for your advice. I figured that I would need to do something like that but wasn't sure what it would be or if I just needed to provide a death certificate. I did contact Westwood's attorney and he, in turn, has forwarded my information onto their Landman. I am returning his call today.
Quick question... Since I am obviously too late to negotiate a lease, can I still sell my rights since I am locked in to the Pool? Here's the deal, I really hadn't "inherited" the mineral rights at this point. My grandfather died in 1995 (the year my grandmother signed over joint tenancy) and I paid for his funeral and some legal expense(s) as my grandmother didn't have much money. I was going to inherit the rights eventually upon my grandmother's death (which wasn't until 2004), therefore, she insisted that we share on any revenue the mineral rights produced until that time. Basically, I am out actual hard cash on these rights and am not sure that I will ever recover both my grandparent's funeral/legal expense(s). I have heard that Dewey County was more of a "gas" producing county rather than oil. If this is true, I don't believe that I'll ever have a chance to recover the monies that I'm out. Do you have an opinion (either way) on this?
YOU CAN SELL YOUR MINERAL RIGHTS, I HAVE PURCHASED MANY IN THE LAST 40 YEARS, BUT I WOULD N O T SUGGEST YOU DO SO IN THIS CASE----WITHOUT A REALLY GOOD REASON.