For DM: I am not Kyle, but know from my own experience and inquiries that probate may not be necessary if decedent lived out of WV but owned property (can be oil and gas rights) in WV. The total value of the decedent’s estate is involved in determining need to probate, I think. The Office of the County Clerk should handle that, and can tell you how to proceed. If there is a will, I think this needs to be filed in the the WV county where the property is located. But this copy needs to be a special copy from the county where the decedent lived. Call the County Clerk’s office and ask for the clerk who handles the probate issues. There will need to be an inventory and appraisement done of the property owned in the county. County Clerk’s office can advise about that as well. The WV State Govt. also is involved, but County Clerk can help there too. Please correct me, Kyle, as needed.
DM: As usual, Nancy is right. As a landman we ran across lots of unprobated mineral property. We usually didn’t have it run through probate. We would have the current owners sign documents stating that they were the heirs, and proceeded using that. The only time we would suggest running through the probate process is if an unprobated will would divide the minerals in a way that differed from the intestate laws.
Cline Tracy: just for clarification, you’ve been paying taxes on mineral rights for 50 years, and someone told you that you don’t own the mineral rights. Is that correct?
Ok don’t know if this is off topic but hope someone can help me . When you sign the lease papers and it says they have 120 days to pay you is that from the date you signed the lease or is it 120 days from the time they receved the lease Thank You. Linda
OK well that would be 120 days was not sure how to count them will have to go back and rre do this thanks.
I sent an e-mail to him asking this stuff is all very confusing to me thanks for all the help here wait to see what he says. Thanks L.Warner
Linda, is that 120 days, or 120 banking days?
I think they have 120 days to put it in the mail, so as long as it’s postmarked by that date. Verify the wording in the lease actually says that. Mine had it in the memorandum of understanding but not in the actual lease. I do’nt know if that would have made a difference but I received my bonus check right around day 90 of the 90 day period.
Another question: Did you want to get out of the lease now? During my 90 day period that another firm contacted me and offered me more per acre for the bonus (20% more!). So had the initial offer gone past the 90 days I would have cancelled the deal and gone with the second firm. If you don’t have any other offers then might as well wait a bit longer. I wouldn’t give them any more time then another 30 days. You might want to call your landman and find out what the holdup is. Mine was very responsive to me.
Ok day 120 by my count and no signing bonus does this make the lease null and void ?
Thank You just found out from my Landman that there was some kind of sanfu in some of our paper work and payments were going out soon … we will see thanks for all the help
I’ll second what Jim Neff said. When I was a landman I always was told that the company had 120 days (or however many days your paperwork said) to put the check in the mail. That jives with what I know about contract law from my experience as an attorney.
JB Oil is drilling on Indian Creek Rd. They put in water lines to pump water out of the creek that runs through here, then they applied for permits and was refused the permits so how can they be pumping water out? They are draining our creek and some people water their livestock from this creek. Also whatever the trucks haul, when they put the lines in the water it back flushes before it starts to pump water back into the truck, so whatever is is that tank washes out into the creek. I’m concerned that they are contaminating the water, does this both anyone else?
Kyle: That is correct, taxes have been paid for over 50 years on mineral rights and now told the mineral rights are not owned.
Cline Tracy: do you have a deed where you or your relative acquired the minerals?
Nancy: Taxes have been paid on this property before my time and will have to search it in the courthouse.
Cline Tracy: Looking at the deed would be the place to start to see what is involved. Probably tracing back before that deed. Was it the Tyler County officials or an oil and gas company that told you that you did not have ownership?
Kathy Holliday, that’s very concerning. Get some video of them pumping. Call the DEP. Pumping without a permit, and dumping fluids of any sort without a permit, can get them in big trouble.
Nancy: The oil company after the abstractor gave their opinion. Tyler County just sent out the tax slips for 50+ years and the taxes were paid.
Cline Tracy, anyone can pay taxes on a piece of property. The County only cares that the taxes get paid, they don’t care who pays. If you need some pointers on doing the research, we’ll do our best to help you out here.
Thomas Yanni I would not let Precision Oil and Gas on my property. They drilled on my property and 5 yrs later I’m still fighting them to fix all the problems. We had an oil spill in 1 of my fields last March and the mess is still there, the won’t fix anything they tear up without a fight. but it’s your land. I would hold out Antero is paying alot more than that.