Be cautious when dealing with companies who want to purchase the minerals. Often purchasers know much more about your minerals than you do. For example, they may be aware increased development in the near future. Also, they will typically want you to warrant title which means that you may have... View More

You should talk with an oil and gas attorney who is familiar with mineral transactions. Most mineral buyers are reputable, but not all. The easiest way to determine the value is to have several mineral buyers quote a price. Determining what you own can sometimes be difficult and expensive. If you... View More

Oklahoma has some of the best oil and gas attorneys in the nation.

Unless the interest is held in a trust, corporation, LLC, or other entity requiring both of their signatures, your wife can sign the lease for her interest without her sister's signature. If her sister doesn't sign, the oil company can force pool the sister's interest in a force... View More

Whether the term interest continues past the 99 year term is dependant on the exact wording in the instrument which created the interest. There are fixed term interests. For example "for a term of 99 years." And there are interests which continue for as long as there is production from... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2021

This is not a question that can be answered or resolved on a free online forum. You will need two Oklahoma attorneys who can help you with this - a probate attorney and an oil and gas attorney. If you would like some recommendations, write to me directly at nina@cumberlandlegacylaw.com and I can... View More

You need to do a probate of the estate. This is because mineral interests are an interest in real property and to pass marketable title you have to have to probate of the estate. The affidavit of heirship is for severed mineral interests and is a method to obtain marketable title if the affidavit... View More

Generally, yes. There are some exceptions to this, but I don't have enough information here to know more.

The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you... View More

You would need to research the land records covering the land, which are found in the county clerk's office of the county where the lands are located. Oil and gas titles can be very complicated. You could hire an oil and gas attorney or an oil and gas landman to do the search.

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,... View More

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... View More

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... View More

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.... View More

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... View More

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... View More

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... View More

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... View More

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

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.... View More