I need advise on what I need to do to transfer rights into my name and how to either sell or lease them out …they are in Billings county and dad passed away several years ago there was no will and sister passed as well so I’m only living heir …was power of attorney and guardian of my father when he passed and my name was in last known lease witch was several years ago
I’m sorry for your loss. Has your father’s estate been probated yet?
Condolences. That is a hard thing. To either lease or sell, you will need to get title into your name. If there was no will, then the intestate laws of your state will apply. Which Billings County? North Dakota or Montana? Also, did your did live in the state with the mineral rights or did he live in another state and have rights in a different state? The steps you have to follow depend upon those answers.
First you have to get proper title, then you need to know if there are royalties held in suspense or if there is pending activity in order to make a good decision.
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@M_Barnes Isn’t North Dakota a state where non producing minerals can be lost by owners (via quiet title lawsuit filed by the surface owner) if a Statement of Claim isn’t filed every 20 years or so?
Yes it is. That is why I asked which state. There is a Billings County in ND and one in Montana. Very important to claim those minerals.
I contacted an attorney but they said they had a conflict of interest and I need to find someone else but they are still in my dad’s name not sure if they are producing or not …now I’m really concerned with conflict of interest thing and they wouldn’t tell me what it is
They are in ND north of Belfield
If you have a section, township and range, we can tell you if they are producing.
Township 141. N Range 100 W .5th P M Section 14 S2NE ,N2SE
Township 142 N Range 100 W Section 4 sw/4 Section 5 se/4
Township 143 N Range 100 W Section 30 Lots 1,2 E/2nw/4NE
Thank you for your help this has been so frustrating and every time I run up against a wall I end up putting it off even longer so thank you very much
Not knowing your father’s name, I cannot comment on leases, but here is well information.
Township 141. N Range 100 W .5th P M Section 14 S2NE ,N2SE JN Exploration WF US 1-14 Aug 1981-May 1985 File 7045. Spacing in SW4 so probably not yours. Equitable Production Co Pedeliski 12-14 Nov 1981-May 1990 File 9071. Spacing in NW4 so probably not yours. There was a horizontal permit, but was never drilled.
Township 142 N Range 100 W Section 4 sw/4 Section 5 se/4 Sec 4-Two dry holes Sec 5-Kordon 4-5 Vanguard Operating June 1979-July 2010 File 6979 NW4 so probably not yours. Kordon 1-5 Terra Energy Corp June 1981-Aug 1991 File 7971 NE4 so probably not yours.
Township 143 N Range 100 W Section 30 Lots 1,2 E/2nw/4NE Sec 30-Gawryluk 1-30 Whiting Oil & Gas Nov 1979-Dec 1985 Case 6378 NE4, probably yours but was a terrible well with very low production.
Nothing to really be concerned about from a production point of view as all of the wells that were producing are plugged and abandoned. You still want to get the title passed properly to you because there are horizontal wells in the area and you never know when a reservoir will become economic in the long run. You probably should contact an attorney that specializes in probate as they can help you. A conflict of interest is often with an oil and gas attorney that has an operator as a client, so they cannot represent you at the same time. Probate attorneys probably don’t have such a conflict.
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