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...
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...
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,...
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.
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.
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.
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.
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.
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...
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...
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...
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.
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.
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.
Mr. Jarod Morris' answer The best course of action and your options largely depends on whether your mother had a will. Land and mineral rights are property that passes on as assets in a person's estate. These can be distributed via will or through what is known as intestate succession (i.e., to all heirs as defined by law and according to a set % of the estate depending on relation to the deceased.)
If there is a will, it needs to be admitted to probate through a petition in whatever county your mother lived...
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