Oklahoma Energy, Oil and Gas Questions & Answers

Q: Is it legal for an individual to sell a portion of their non-participating royalty interest then distribute the revenue?

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Apr 2, 2019
Richard Winblad's answer
Buyers should contact the operators directly with the documentation, request Division Orders and provide W-9s.

Q: What do I do? I'm pregnant the landlord is not doing their job to fix things.

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Oklahoma on
Answered on Mar 21, 2019
Kyle Persaud's answer
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 your apartment. Tell your landlord that you are pregnant and need these fixed. Tell your landlord that he has violated the "implied warranty of habitability." Tell your landlord that if these problems are...

Q: My husband thinks he needs a lawyer regarding oil larceny charges. He’s been used and fired in all this. We need help

1 Answer | Asked in Criminal Law and Energy, Oil and Gas for Oklahoma on
Answered on Mar 4, 2019
Keegan Kelley Harroz's answer
Your husband is correct. He needs to hire an experienced criminal defense attorney.

Q: Do I have to give right a way for a pipeline for a oil company

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Jan 9, 2019
Richard Winblad's answer
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 this is for a pipeline for production from below your property they may also have a right but must pay damages.

If the company does not fit into either of these categories, then they are seeking a...

Q: If judgement was in dads step brother cam we take him back to court

1 Answer | Asked in Family Law, Real Estate Law and Energy, Oil and Gas for Oklahoma on
Answered on Dec 30, 2018
Doak Willis' answer
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 appointment with an attorney and see that attorney and explain all the facts of the case. The attorney can better advise you then. If there was a judgment, you must see that attorney within 30 days in...

Q: My grandmother with property and mineral rights in Oklahoma dies in Missouri without a will. My father (her son) is

2 Answers | Asked in Energy, Oil and Gas and Family Law for Oklahoma on
Answered on Nov 27, 2018
Richard Winblad's answer
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 been born in wedlock. For like purposes, every such child stands in identical relation to his father and his kindred, and the latter and his kindred to the child, whenever: (a) the father, in writing,...

Q: Oklahoma will not recognize "will" because it was never probated in Oklahoma.

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Answered on Nov 8, 2018
Richard Winblad's answer
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.

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?

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Oct 17, 2018
Richard Winblad's answer
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

Cite as: O.S. §, __ __

Personal representatives including but not limited to guardians of the property, guardians of minors or of incapacitated or partially incapacitated persons are...

Q: How much should a leese pay leesor for a shut in well per month per acre?

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Jun 14, 2018
Richard Winblad's answer
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 owners should request a greater amount. Perhaps $25. Nobody gets rich on shut-in royalties.

Q: I own 140 acres of mineral rights in Oklahoma but 40 acres has another persons name I do not know. How do I remove?

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Oklahoma on
Answered on Dec 31, 2017
Richard Winblad's answer
It is unlikely that you will be able to remove the other person if they are in the chain of title. It is not unusual for mineral interests to be fractionalized. You can only remove somebody if they are a stranger to title. For example, if a deed or conveyance mistakenly included the wrong legal description. Start with a mineral title opinion. This is not inexpensive.

Q: How do I get mineral rights in my name?

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Dec 31, 2017
Richard Winblad's answer
The cleanest method is to probate those interests. You may be able to do this using a summary probate procedure. This is usually relatively inexpensive and quick. There is also an affidavit of heirship. However, many oil companies will not pay royalties unless there is a probate court order in place. An attorney should be able to help you.

Q: With a special warranty deed can you have a reservation without using the word excepting or reserving if there's a lease

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Oklahoma on
Answered on Dec 11, 2017
Richard Winblad's answer
Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest. You should have an attorney review a contract and/or deed.

Q: I have mineral rights that I want to sell that were passed down to me but the buyer says I have to file a quiet title.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Oklahoma on
Answered on Aug 23, 2017
Richard Winblad's answer
Are you sure that he didn't say probate?

You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a fairly inexpensive summary probate that can be wrapped up on about 90 days:

-the total value of his assets in Oklahoma is $200,000 or less;or

-he died more than 5 years ago; or

-he was not an Oklahoma resident when he died; or

-a probate was completed in another state.

If your relative did not...

Q: what forms are need to transfer mineral royalties to another family member

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Aug 23, 2017
Richard Winblad's answer
That is a tough answer. You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a summary probate that can be wrapped up on about 90 days:

-the total value of his assets in Oklahoma is $200,000 or less;or

-he died more than 5 years ago; or

-he was not an Oklahoma resident when he died; or

-a probate was completed in another state.

Really more information is needed. An affidavit of heir-ship...

Q: What rights do I have as a royalty interest owner in Oklahoma if I haven't been paid my royalties in years?

1 Answer | Asked in Contracts and Energy, Oil and Gas for Oklahoma on
Answered on Feb 3, 2017
Jim Ed "Jed" Franklin's answer
You can sue anyone for anything. Winning is another matter. There are not enough facts to fully and faithfully answer your question. However, it does sound like you are entitled to the unpaid royalties, probably with interest. I would start with the current operator and ask them what is going on. It is unusual for a dispute among companies to affect the royalty owners. Normally, a title dispute is what suspends payment to royalty owners. Finally, you want to make an inquiry soon because...

Q: selling mineral rights, is it standard practice for seller to sign a contract and sign over the deed before being paid?

1 Answer | Asked in Energy, Oil and Gas, Contracts and Real Estate Law for Oklahoma on
Answered on Feb 3, 2017
Jim Ed "Jed" Franklin's answer
The buyer will want you to do it that way, but I always counsel my clients to not turn over the deed until payment is made. Usually I do this simultaneously. I've not had a problem in asking for and getting this concession, because otherwise it is too risky and not fair to the seller.

You mention a contract as well. You must be very careful in signing the contract because it may obligate you to sell while not obligating them to buy. There is usually a provision for checking title...

Q: Do wellbores belong to the mineral lease

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Dec 22, 2013
Howard Berkson's answer
That is actually a complicated question depending on how it is interpreted. The two parties' obligations to each other may be loosely described like this: the lessee is responsible for the hole and what comes out of it; and the lessor is responsible for providing access to the minerals. More details in your question would help to provide a more detailed answer.

Q: Two Questions both in Ok. First in Dewey County, 2nd Roger Mills

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Nov 13, 2013
Howard Berkson's answer
There is no short or easy answer to either question based on the information provided. Both require inspection of documents (at the very least the leases). The second, in particular, will require face time with an attorney.

Q: My mom inherited royalities in grady county oklahoma.her will does not have a notary seal on it is it legal in okla

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Nov 11, 2013
Howard Berkson's answer
There are various reasons that can cause a will to be valid or invalid. Ordinarily, a will does not need to be notarized. However, a "self-proving" will must be notarized, but the absence of a notary may not invalidate the will. You should consult with an attorney who is able to review the will.

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