Transferring inherited mineral rights to my name

Ownership and Title
1

Am new to this site, and have searched a bit, but cannot find an exact answer to my question - so here goes :D I apologize if I just missed the answer a thousand times!

My sister and I recently received oil & gas leases on a piece of property in Oklahoma, as a result of mineral rights that were owned as "husband and wife" by our parents, both of whom are now deceased. Because my mother outlived my father (yes, I have both Death Certificates) the terms of her Will apply to these mineral rights, as well as to the mineral rights on another piece of property in the same county. She had a very simple will, that left everything in 1/3 distributions to my sister, myself, and a 1/3 share to the 3 children of my brother (who predeceased my mother) - their 1/3 share to be divided among them. At the time of my mother's death, she had no property or monies of any type remaining, due to a long battle with Alzheimer's - so her will was not probated in the state where she died, as there was nothing to probate. These mineral rights are the only "property" that she had to bequeath, and we were not reminded of their existence, until we received the leases.

My questions here are ~ is it possible to transfer the ownership of these mineral rights, without hiring an attorney? do I absolutely have to ancilliary file her Will in the respective county in Oklahoma, in order to transfer these mineral rights? (I have been told this might not be necessary!) and if the services of an attorney are absolutely required, then what amount should I expect to pay for these services? i.e. what would be considered reasonable and customary for transferring the ownership of only 2 mineral deeds?

Thank you so much!

Alice

2

Alice, I no expert. Honestly. But I believe that a good O & G attorney can help you. There’s much that can be understood regarding who held Powers of Attorney, etc., at the time of your mother’s death; and how her estate is distributed. It’s certainly worth asking more questions about the legal framework. I’m on my own quest for legal knowledge and representation. If I find anything more that is helpful for you, I’ll let you know. In the meantime, someone more knowledgable will show up!!probably

3

Thanks so much! Fortunately, my mother's affairs at the time of her death were quite simple, just as her Will is - so I don't think it should be difficult. Do you have any idea regarding reasonable and customary attorney fees for this type of thing?

LB Field said:

Alice, I no expert. Honestly. But I believe that a good O & G attorney can help you. There's much that can be understood regarding who held Powers of Attorney, etc., at the time of your mother's death; and how her estate is distributed. It's certainly worth asking more questions about the legal framework. I'm on my own quest for legal knowledge and representation. If I find anything more that is helpful for you, I'll let you know. In the meantime, someone more knowledgable will show up!!probably
4

Hi Alice, I'm in almost the exact same situation with my mother-in-law. She had Alzheimer's too and had no property or valuable in her name when she died except mineral rights in Oklahoma which will be passed to her husband and son. We were told that we would have to go through a short probate process in order to officially transfer title. I contacted a recommended law firm and they quoted approx. $3000 for all of the work, paperwork, filing and representation in court. (Gabe Bass - www.basslaw.net).

A second lawyer I contacted quoted me $2500-$3500 depending on complexity (Cody McPherson at www.mahaffeygorelaw.com).

Hope this helps.

Laura

5

Hi Laura!

Oh my goodness!! *smiles and dances around* I have some absolutely fantastic news for you!! I was so busy in my real life, that I didn't have time to answer you and thank you for your very kind response on Monday - buuuuuttt, today I can tell you that my wonderful husband just found the preliminary information (with the relative Oklahoma statues!) that we both need online at: http://www.nolo.com/legal-encyclopedia/oklahoma-probate-shortcuts-32012.html

Here is also the link for a free site that will provide you with the "Small Estate Affidavit Form" for Oklahoma: Rocket Lawyer Small Estate Affidavit Form

I know from my inquiries, by phone, when speaking with the County Clerk's Office, that the filing fee for Mineral Deeds is $13 for the first page, and $2 for every page thereafter. I'll have to secure the Mineral Deed forms, prepare a notarized affidavit, include death certificates for both of my parents (showing that my mother outlived my father, and therefore her Will applies), along with a copy of her Last Will and Testament, proving the inheritance, and my share of that inheritance.

And *laughing* I'm sure that someone will come up with some sort of $$ fees for filing the Affidavit and any other necessary forms to complete this whole process - but, I'm sure that the total will be far cheaper than the quotes that you received. I want to get the ownership issue resolved prior to any oil or gas well becoming a reality, as I suspect that the value of any future royalties might instantly be considered part of my mother's estate, if I don't get this done before receiving a Division Order - which could easily take the value of her estate above the threshold of $20,000 or less, if the well was deemed to be a significant producer.

BTW, because I have no wish to leave my own daughter in the same situation, upon my death, I will be using a mineral deed that includes a life estate for myself and my husband, with automatic transfer upon death to our daughter.

This next week, after the Labor Day holiday weekend is over, I will begin the process, and will be very happy to share both my trials and eventual outcomes with you.

Thanks again for taking the time to leave me a response!

Warmest regards,

Alice



Laura Rampy said:

Hi Alice, I'm in almost the exact same situation with my mother-in-law. She had Alzheimer's too and had no property or valuable in her name when she died except mineral rights in Oklahoma which will be passed to her husband and son. We were told that we would have to go through a short probate process in order to officially transfer title. I contacted a recommended law firm and they quoted approx. $3000 for all of the work, paperwork, filing and representation in court. (Gabe Bass - www.basslaw.net).

A second lawyer I contacted quoted me $2500-$3500 depending on complexity (Cody McPherson at www.mahaffeygorelaw.com).

Hope this helps.

Laura

6

Update 8/31/14 - You may want to come back to this discussion and read the awesome news that I just shared with Laura Rampy *excited*

LB Field said:

Alice, I no expert. Honestly. But I believe that a good O & G attorney can help you. There's much that can be understood regarding who held Powers of Attorney, etc., at the time of your mother's death; and how her estate is distributed. It's certainly worth asking more questions about the legal framework. I'm on my own quest for legal knowledge and representation. If I find anything more that is helpful for you, I'll let you know. In the meantime, someone more knowledgable will show up!!probably
7

Hi Alice, That’s great news - how exciting! I would love to hear how the process works out for you. My husband and I are still decidiing what to do with his mother’s rights. I agree that getting things settled before a division order or lease comes your way would make things much easier. Let us know how it goes. Best, Laura