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Oklahoma Energy, Oil and Gas Questions & Answers
1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Is there any lawyer of merit who can tell Okla Corp Comm to follow and not break O.S. Title 52, #52-552?

My deceased relative was force pooled on Day 0. This triggers this OK Statute for the holder, the mineral owner's heir and the State of OK. The holder is supposed to try and find the heir for 365 days. OK butts out except to require reports and an escrow account for funds due the owner. In my... Read more »

James Tack Jr
James Tack Jr answered on Oct 25, 2020

Interests in oil and gas are interest in real property. The transfer of real property is governed by the laws of the state in which it is located, not where the deceased or owner is located. Regardless of whether the monies are held by the company pooling the interest, the Corporation Commission,... Read more »

4 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: Oil rights

My uncle died in Oklahoma several years ago, never married, had no children, left no will, and had oil rights. His brother, my father, is also deceased and left 4 children (I'm the oldest). How much would it cost to settle this estate? Marathon Oil (Houston, TX) has this account and... Read more »

Matt Fleischer
Matt Fleischer answered on Oct 16, 2020

The answer depends on many factors, but it sounds like you are probably looking at a joint probate of two estates if you want to legally transfer the minerals from your uncle to your father's children. That being said, bear in mind that if there are liquid assets in the estate (like royalty... Read more »

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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Division order analyst used older deed. Correct deed on file. Now we are 9 mo. after first production. Still no check.

Correct deed on file since 2006. Probate not the problem. No other oil companies have had this problem with having the right mineral deed to work from. Do they owe us the 12% penalty from date of first sale? How do we get them to pay? Do we have to go to court?

Richard Winblad
Richard Winblad answered on May 12, 2020

You need to find out from the company whether they have any title requirements that need to be fixed. If you believe that you have clear title send them a certified letter with an IRS W-9 along with your address. Companies are unlikely to pay 12% interest unless they are pressed. If there is an... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: An Oklahoma oil company refuses to honor to pay lease bonuses to heirs after a will was probated

I have a probate decree and deeds as proof of ownership

Richard Winblad
Richard Winblad answered on May 11, 2020

Dealing with oil companies can be frustrating.

It is difficult to answer your question with the limited facts. Was the property probated in Oklahoma? Who signed the leases? Have the leases been filed?

Many companies are bad about paying lease bonuses even when title is clear....
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2 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: It has been 9 months since first production. How do I get the oil company, Red Wolf, to pay the 12% late fee?

Do they pay 12% for the nine months or only the 3 overdue months? They were trying to use an old title that was not current. I consider this their responsibility to have the correct title as it is easily available. Is this correct? This is for 6 new wells. I am still waiting on my first check.

Chaille Walraven
Chaille Walraven answered on May 11, 2020

In Oklahoma, operators are required to remit payment within six months from the date of the first sale of production. Failure to do so can trigger late interest payments pursuant to 52 Okla. Stat. § 570.10. You are correct that if you have marketable title, you are entitled to 12% interest on late... Read more »

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2 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: My deceased Father had a 1/3rd share in a mineral rights lease which was probated. The oil company won't honor lease

Who signs a lease when the owner is dead or can't be located? Does the oil company have to give the same lease to my Dads' heirs?

Matt Fleischer
Matt Fleischer answered on May 8, 2020

If the lease is still valid, either because it is in its primary term or has been extended into its secondary term due to production on it, then the lease is still good and the company (and your dad's heirs) must honor it. However, in such a situation, the oil company can escrow any royalties... Read more »

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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: MY brothers who were executor and co-executor of my mother will will not sign over my part of the mineral rights and

oil leases. it has gone through the courts and the judge has signed off on it. they have 4 years of money from one of the leases. I cant it them to answer my calls or sign anything over or even give me the name of the oil companys. do I need a lawyer ?

Chaille Walraven
Chaille Walraven answered on Mar 12, 2020

As a general rule, at the completion of a probate proceeding in Oklahoma the district court will enter an order that all assets remaining in the estate be distributed to the heirs-at-law if there is no will or to the legatees/devisees if there is a will. If there was a probate proceeding you should... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Inherited land and minerals in OK . Got a division order to sign. Would a new lease or agreement have to be signed?
Richard Winblad
Richard Winblad answered on Feb 3, 2020

Probably not. You are likely bound by your predecessor’s lease (or pooling order) for the well in question.

Also. You are entitled to royalties in Oklahoma even if a division order is not signed by you. Some companies try to get concessions with orders. But make sure they have your tax...
Read more »

1 Answer | Asked in Bankruptcy and Energy, Oil and Gas for Oklahoma on
Q: I have questions about filing bankruptcy on an ENERGY LLC ?

I need to know the best way to save my producing wells which is my only income from getting shut down by Oklahoma Corporation Commission because they are making me clean up a huge salt water mess. I have proof my leak could not have caused the amount of contamination that has been found. My leak... Read more »

Timothy Denison
Timothy Denison answered on Nov 10, 2019

You will have to file suit against them and present the proof in court

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Oklahoma on
Q: I was not notified of a 18' natural gas pipe to be replace on my property line. Was a notice required?

Pipe runs straight down property line with 25' just for access easements on each side. Now there is going to be a turn on to my property about 3 to 4 feet in towards my property from NW corner. This will change easement agreement, pushing into my property. I was never notified and they are on... Read more »

Doak Willis
Doak Willis answered on Jun 27, 2019

If I understand your question and facts, your stating that the new pipe line will be on your property outside of the established easement which would require your consent otherwise you would be entitled to some compensation or a removal of the pipe line back within the easement already established.... Read more »

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Probate for Oklahoma on
Q: Oil and gas leases in a minors name with listed custodians on it, what rights do they have as non legal guardians

Parents didn't give permission for anything listed in the minors name to be conveyed or sold. Grandparents listed themselves as custodians. Conveyed everything to themselves from the children.Grandchildren never received anything on the oil and gas revenues.

Richard Winblad
Richard Winblad answered on Jun 20, 2019

If the children are now adults they may want to pursue a quiet title action against the grandparents.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: I don't agree with a Division Order's interest. What are my rights?

I wrote "Disputed" on the Division Order and sent it back after inheriting a portion of the lease. Producer (Butkin Oil) takes 80%, by their own admission and won't say where the other 20% goes. My owner interest is less than .002%. It also appears that I am paying state taxes for... Read more »

Richard Winblad
Richard Winblad answered on Jun 20, 2019

Oil and gas law is complicated. The operator typically has the lion's share of the revenues because it pays for all the expenses and therefore has all the risk. If they spend a million and the hole is dry they eat all of the cost. However, a royalty interest owner pays nothing.

The...
Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Is it legal for an individual to sell a portion of their non-participating royalty interest then distribute the revenue?

Sam has bought Texas and Oklahoma mineral acreage/interest for the past 40 years. Some has become producing and he sells some of his interest to others by executing deeds for them. He does not instruct these "investors" to request division orders directly from the operators by... Read more »

Richard Winblad
Richard Winblad answered on Apr 2, 2019

Buyers should contact the operators directly with the documentation, request Division Orders and provide W-9s.

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Oklahoma on
Q: What do I do? I'm pregnant the landlord is not doing their job to fix things.

We moved in Bradford Square Apartments September 14th and still nothing has been fixed I'm pregnant and have been breathing in gas and a rotten egg smell the carpet was not cleaned there's mold behind the toilet we went a whole month without hot water til the hot water tank busted then... Read more »

Kyle Persaud
Kyle Persaud answered on Mar 21, 2019

Realistically, you may not be able to get anything fixed within the time necessary. Your best bet may be to move out of your apartment.

If you can't afford to move out now, here is, I think, your best option: Write a letter to your landlord. In your letter, list all the problems with...
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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Do I have to give right a way for a pipeline for a oil company
Richard Winblad
Richard Winblad answered on Jan 9, 2019

This all depends on whether or not the property is being taken for eminent domain. If the company is a common carrier they may have this power. Eminent domain is often a condemnation for those who do not agree the the company's offer. Often companies offer a very low value.

If...
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1 Answer | Asked in Family Law, Real Estate Law and Energy, Oil and Gas for Oklahoma on
Q: If judgement was in dads step brother cam we take him back to court

Dad died in 2000 and dads STEP BROTHER took us to court and because STEP BROTHER said how does anyone know we belong to are dad judgement was in his favor cause they wanted dna what can we do

Doak Willis
Doak Willis answered on Dec 30, 2018

Your question is confusing. This appears to be a question concerning heirship and whether you can prove you were an heir of the deceased. You stated they wanted DNA evidence which a test can be taken but your facts don't address whether it was ordered or not and the results. You should make an... Read more »

2 Answers | Asked in Energy, Oil and Gas and Family Law for Oklahoma on
Q: My grandmother with property and mineral rights in Oklahoma dies in Missouri without a will. My father (her son) is

also dead. My siblings and I want to sell mineral rights, but there are individuals who may or may not have a claim (out of wedlock birth). Do these individuals have a legal claim...must they take DNA test? What type attorney do we need to consult on these issues?

Richard Winblad
Richard Winblad answered on Nov 27, 2018

This is a fact relevant issue. Current Oklahoma law states: Section 215 - Inheritance by and from Illegitimate Child

For inheritance purposes, a child born out of wedlock stands in the same relation to his mother and her kindred, and she and her kindred to the child, as if that child had...
Read more »

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1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Q: Oklahoma will not recognize "will" because it was never probated in Oklahoma.

Grandmother died in Oklahoma in 1980, had a will. All known assets were held in "joint tenancy" with her surviving daughter. In 2014, unknown minerals in OK were found. Oil company remitted force-pooled bonus consideration to OK. OK demands a probated will for an estate of virtually $0.... Read more »

Richard Winblad
Richard Winblad answered on Nov 8, 2018

If funds are with the unclaimed property division & the total value is under $10k you may be able to use their affidavit process. But keep in mind that once production begins there oil company will probably make probate a title requirement before they release royalty payments.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: I am a court appointed guardian. Can I lease mineral rights for oil n gas without getting a judge to sign off on it?
Richard Winblad
Richard Winblad answered on Oct 17, 2018

First:

Oklahoma Statutes Citationized

Title 30. Guardian and Ward

Oklahoma Guardianship and Conservatorship Act

Sale of Property

Article Article IV - Miscellaneous Provisions

Section 4-759 - Personal Representatives May Sell Oil, Gas and Mining Leases...
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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: How much should a leese pay leesor for a shut in well per month per acre?
Richard Winblad
Richard Winblad answered on Jun 14, 2018

If you have a lease that should already be spelled therein. If someone is asking you to sign a lease that amount is negotiable. The producer should also be required to pay the shut-in without requiring the mineral owner to request it. Producers look for a $1 per acre upon request. Mineral... Read more »

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