Minerals bequeathed to me

Oil and Gas Leasing Help
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Hello guys!

I hope you are all good.

I’m Mike and I leave in Athens, Greece. I’m new in this ‘‘sport’’ so please forgive me if i say something stupid

I have an issue with an old will of my mother’s great-aunt who lived and died in Oklahoma. The will state the following.’’ I *give, devise and bequeath to E.P. all of the oil, gas and other and other minerals that i may own as distinguished from any minerals interest that i may own in real property in which i also own the fee title ‘’.

So, i own mineral rights in Oklahoma.

I haven’t done anything about it all these years. Now it’s the time. And here is where i need your help. I have no idea about what should i do to take advantage of this mineral rights.I m far and i have no connection to the States.

Some guidance would be great here because its to complicated for me .

So what are my options? What’s the first step?What should i do?

Thank you

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Hi Mike!

Welcome to the community! No stupid questions here - this can be a confusing process!

First, go to the unclaimed property websites for Oklahoma, Delaware, or the last state your great-great aunt lived. See if there have been funds sent to them due to not being able to find the current owner. (just google Oklahoma unclaimed properties, etc. )

Next…do you know which county she may have owned interest in? You can go to okcountyrecords.com and type in your families name and see what comes up. The main thing is in order to claim ownership in the minerals you need to show in the county records how the mineral interests have passed down.

To see if there has been a well drilled under her minerals, you will need to know the legal description/location of where the mineral rights are located. Hopefully when you search the okcountyrecords.com then you can find these.

Another great source of information is the Oklahoma Corporation Website. They are the government agency that oversees the Oil and Gas Industry in Oklahoma.

Best of Luck~

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Good morning from Athens!

Thank you so much!

Really helpful advises!

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MikeAthens: Haven’t been to Greece since 1984, drove from Germany though Yugoslavia (a couple of years before the war). Hit the coast, Athens, Delphi, Santarini, Paros, the monasteries, etc.

The good news is that you do not need to travel to Oklahoma to take care of the probate if the matter is uncontested. If a notary is needed the consulate can act as notary there. It is likely that the case would qualify for either a summary or ancillary probate depending on whether the Will has been previously probated. The process usually takes 60-90 days which may increase based upon Covid.
Break some plates, have an Ouzo, & Opa!

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You will need to get the title in your name. For example, you will need at least one probate of your great-great aunt. then unless some deeds were done in the interim, also a probate of your mother and any intervening owners. Now, in Oklahoma, typically, this can be done in one Oklahoma court case. In other words, one Oklahoma probate, not three. You will need to consult with an attorney in Oklahoma to get it done. Unless there is a contest, a fight or squabble among heirs, you won’t even need to come back to Oklahoma to get it done. Although we would love to have you visit. I would recommend an attorney who is knowledgeable about oil and gas.

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Alright !! Cheers Richard !! Ouzo is great but a bit …dangerous! I love it anyway!

Greece is an amazing place.You must had a great time! We still break plates!!

So my mother inherited some mineral rights (we know exactly where they this are, 200 acres) and for more than 20 years she haven’t done anything about it … And from my house in Athens its difficult to understand this system with acres and leases and drilling and laws … it’s really complicated. But i ve done some research by myself …

I have 2 questions. I was wondering if you could help me I cant understand the part that an oil company if can not contact or find the owner of a field after a period of time has the right to enter your ground and drill it. Why is that happening? How that works exactly? Does that mean that I cannot lease it again or sell my mineral rights?

And last one.Can you suggest me any lawyer from Cleveland County or around? I m gonna need one for sure.And i dont want to pick one randomly.

Cheers!!

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You can observe qualified professionals (often with localized expertise) who provide services to mineral owners in our Mineral Service Provider Directory. Our Business Members (designated with a blue colored “B” on their picture also are professional service providers. These practitioners are often able to provide the specific services that meet your needs.


The Mineral Rights Forum Administration

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In Oklahoma a mineral owner must be leased for an operator to drill on their land, but if the operator can’t find you due to an old address, a missing probate, or that you live in Athens they can force pool you. This is done through the Oklahoma Corporation Commission and a pooling order. The pooling order sets out what bonus and royalty you receive based on average prices in the area. The operator will hold this money until they find you or an heir comes forward. After some time this money will be handed over to the Oklahoma unclaimed funds as discussed above until someone claims it. You may still be able to lease based on the terms of the pooling order and you could absolutely still sell your mineral rights.

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Thanks a lot, Rachel!

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Searching Oklahoma Unclaimed Property

Mineral owners, or heir who inherited oil and gas minerals may find that there are funds paid into the unclaimed property division of one or more states. This is because there are laws which require holders of property to periodically report and turn money over to the state. The state then holds the money until a claimant can prove that they are entitled to the money. This is a guide to aid mineral owners to discover and claim royalties and other money. Also, once funds are found it is important to make sure that in the future companies pay the funds to you and not an unclaimed division.

How to Search Oklahoma Unclaimed Property

For mineral owners, I recommend that you begin with a Mineral Owners Escrow Account Search. Click here When money is owed from a “Forced Pooling Order” to an owner who is deceased or cannot be located. This search will provide the most information including amounts being held. You may wish to review search tips below.

Clicking the item will take you to the Oklahoma Corporation Commission case data site.

Once downloaded you can see where the property is located. Keep in mind that it is possible that the property you are interested in is adjacent to the legal description provided.

You can review the names and addresses to see if there is a match for your individual by address or other information. If you were unaware that property was owned in the county you can do further land research here.

Searching Oklahoma Unclaimed Property

You should also search unclaimed property in Oklahoma. This will include unpaid royalties from leases. There may also be some overlap with the MOEA data. Click here.

The site is fairly easy to manage.

Don’t Forget Other States

Be sure to search for other states where the individual lived. It is also a good idea to search Texas and Delaware (where many companies are incorporated) even if the individual didn’t live there. This is because if the address was unknown, the funds may have been paid into that state’s unclaimed property. Links to all states, click here.

TIPS: Search Terms to Use

It is usually best to input the last name and first initial. For example if you were searching for Michael Smith. You would place Smith in the last name and letters “M” where the first name appears. This should load all Smiths with the first name that begins with “M”. Also, it is not uncommon for funds to be deposited for “M. Smith”

Searching for Property of Deceased Owners

Second search. Using the same example, also consider searching under. In unclaimed property try “Estate of Mi” and “Estate of Smith”. In the MOEA, try Estate in the last name.

Don’t forget to search under maiden, former names and even common misspellings.

What to Expect from Unclaimed Property

The Oklahoma Treasurer is very careful about paying out money from unclaimed property. There have been many scams targeting this agency. Therefore, the agency may require heightened scrutiny when evaluating a claim. This may also involve requiring probate especially if the funds exceed $10,000.

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Question for Mike. Are you a US Citizen living in Athens or are you a Greek Citizen? If you are not a US Citizen, then you may have some issues. My understanding is that you have to be a US Citizen to own mineral rights in the US. The attorneys can speak into that piece of the puzzle.

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Hello!

I m a Greek citizen

You are right.I m trying to find an attorney right now to solve this puzzle

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hi and welcome to our community!

I am in somewhat the same boat you are in except I was in the US when I was presented with the mineral rights I own. I am still a US Citizen.

Probably the one thing that I can add to the responses you have received is that the US Government does not allow foreign citizens to own mineral rights. Because of that, I am unable to leave the rights to my wife (a Russian). This was confirmed to me by lawyers in Wyoming where my rights are located.

In any case, again, welcome and ask any questions you might want. Someone around here will know the answer or know where to find it!

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(excerpt from Winter 1982 Foreign Direct Investment in U.S. Real Estate: A Survey of Federal and State Entry Level Regulation): “12. Oklahoma Oklahoma’s Constitution provides that no alien may acquire title to land by purchase, descent or devise.’ Apparently, resident aliens are excepted. If a nonresident alien contravenes the constitutional proscription on alien ownership of land, he has five years to dispose of his interest or it escheats to the state. A 1975 opinion of the Oklahoma Attorney General affirmed the right of corporations and other juridical persons, with or without alien participation, to hold real property subject to other statutory provisions regulating that particular type of entity. ’ Under these provisions, “foreign corporations,” those corporations formed under the laws of another jurisdiction, are not allowed to engage in farming. A corporation organized under the laws of Oklahoma is allowed to farm if its shareholders are natural persons, estates, trustees holding for the benefit of natural persons, banks organized in Oklahoma, or corporations with all shareholders in one of the preceding categories.’ Other provisions of Oklahoma law prevent the formation of corporations for the purpose of holding land outside of city limits. No mention is made of the ability or inability of limited partnerships or partnerships to hold such real estate. The apparent intent of Oklahoma’s lawmakers is to limit multi-tiered, anonymous corporate ownership and operation of farms in the state.”

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Hallo and thank you!!

i don t know about it. I think the best solution is to give the will to an attorney.He 'll solve all my problems. but its to difficult for me to find a reliable one.My only research is throw internet…

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you can always form an LLC and have the minerals owned by the LLC.

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Hello from Italy! I dealt with an American lawyer in Wyoming when I was trying to get more information.

In reality, do not worry about it at this point, have the money deposited in an American bank and enjoy it.

Finding an American bank that will open an account for you will be the biggest problem. You will need an American address and some sort of document they will accept. You will also need to deal with the IRS since you probably need to pay taxes on the money.

Let me know if you have any other questions.

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@Richard_Winblad I couldn’t find anything from okcountryrecords or MOEA.unfortunatly I do not have access to all sites.I guess for safety reasons because i m not in the States.So i haven’t found any deeds or documents related to my aunt’s will. I haven’t noticed that you are an attorney yourself when i asked you to suggest me one Dummy me

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