# Law & Legal

**URL:** https://www.mineralrightsforum.com/c/law-legal/7.md?page=17

[Latest](https://www.mineralrightsforum.com/latest.md) · [Categories](https://www.mineralrightsforum.com/categories.md) · [Tags](https://www.mineralrightsforum.com/tags.md)

**Page:** 18

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## [Help with Intestate Succession!?&$!](https://www.mineralrightsforum.com/t/help-with-intestate-succession/25839)

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**Author:** [@Jolea](https://www.mineralrightsforum.com/u/Jolea)\
**Replies:** 6\
**Last updated:** [February 17, 2018, 1:04pm UTC](https://www.mineralrightsforum.com/t/help-with-intestate-succession/25839 "2018-02-17T13:04:47Z")

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As with many others on this site, I just learned that my great-great-grandfather left his descendants mineral rights in Wetzel County, West Virginia. My father lived in Georgia for many years and died there, leaving behi…

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## [Royalty ownership](https://www.mineralrightsforum.com/t/royalty-ownership/25968)

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**Author:** [@jeff\_martin](https://www.mineralrightsforum.com/u/jeff_martin)\
**Replies:** 6\
**Last updated:** [January 29, 2018, 6:41pm UTC](https://www.mineralrightsforum.com/t/royalty-ownership/25968 "2018-01-29T18:41:31Z")

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I have a question regarding royalties. I have been receiving royalties from an oil field in California. This land was purchased by three families in the 1930’s and has basically been paying royalties ever since. I have b…

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## [How Can Family Owners work around an unresponsive 1/12 unrelated in-law Owner to do Business?](https://www.mineralrightsforum.com/t/how-can-family-owners-work-around-an-unresponsive-1-12-unrelated-in-law-owner-to-do-business/26195)

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**Author:** [@Inman\_Alphonso\_Rouce\_Jr](https://www.mineralrightsforum.com/u/Inman_Alphonso_Rouce_Jr)\
**Replies:** 5\
**Last updated:** [December 21, 2017, 1:10am UTC](https://www.mineralrightsforum.com/t/how-can-family-owners-work-around-an-unresponsive-1-12-unrelated-in-law-owner-to-do-business/26195 "2017-12-21T01:10:01Z")

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Along with my sister and my two cousins I have owned several farms we inherited in Blaine County for over 30 years. Recently, one of my cousins died without a will. Her husband, by state statute, inherited 1/3 of her lan…

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## [Frac Sand](https://www.mineralrightsforum.com/t/frac-sand/1586)

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**Author:** [@Ledlie\_Powell](https://www.mineralrightsforum.com/u/Ledlie_Powell)\
**Replies:** 2\
**Last updated:** [November 10, 2017, 6:30pm UTC](https://www.mineralrightsforum.com/t/frac-sand/1586 "2017-11-10T18:30:45Z")

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I own land with 1/2 of mineral interest. The property is located in north central Arkansas. There is large frac sand mining operations in the County. Question: If property is leased to extract sand at shallow depths. A …

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## [Marathon "prior period adjustments"](https://www.mineralrightsforum.com/t/marathon-prior-period-adjustments/1696)

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**Author:** [@Jerry](https://www.mineralrightsforum.com/u/Jerry)\
**Replies:** 6\
**Last updated:** [November 1, 2017, 7:45pm UTC](https://www.mineralrightsforum.com/t/marathon-prior-period-adjustments/1696 "2017-11-01T19:45:14Z")

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Anyone else having the issue of Marathon deducting money from 2011, 2012 time periods on their current 2017 checks? Seems to me this would be far beyond any statute of limitations. Marathon has not answered what authorit…

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## [Force Pooling in Oklahoma](https://www.mineralrightsforum.com/t/force-pooling-in-oklahoma/2716)

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**Author:** [@Chris\_T\_Morrison](https://www.mineralrightsforum.com/u/Chris_T_Morrison)\
**Replies:** 4\
**Last updated:** [October 18, 2017, 10:25pm UTC](https://www.mineralrightsforum.com/t/force-pooling-in-oklahoma/2716 "2017-10-18T22:25:34Z")

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I have come across an interesting situation in Dewey County, Oklahoma, in which a well drilled in 1971 has been producing from the Oswego formation continuously until the present time. I’ve simplified the ownership somew…

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## [Termination of Overriding Royalty](https://www.mineralrightsforum.com/t/termination-of-overriding-royalty/1860)

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**Author:** [@William\_Douglas\_Archer](https://www.mineralrightsforum.com/u/William_Douglas_Archer)\
**Replies:** 5\
**Last updated:** [October 6, 2017, 2:14pm UTC](https://www.mineralrightsforum.com/t/termination-of-overriding-royalty/1860 "2017-10-06T14:14:20Z")

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I see certain situations where a party was assigned an overriding royalty interest on leases from, say, 1948. How does one know if the lease from 1948 still holds the property and thus beneficiaries remain entitled to t…

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## [Extended Lease](https://www.mineralrightsforum.com/t/extended-lease/1879)

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**Author:** [@Woody\_Kent\_Cowan](https://www.mineralrightsforum.com/u/Woody_Kent_Cowan)\
**Replies:** 2\
**Last updated:** [October 6, 2017, 12:12am UTC](https://www.mineralrightsforum.com/t/extended-lease/1879 "2017-10-06T00:12:18Z")

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Woody Kent Cowan. Reeves County, Texas. Section 6, Block C-18; Section 20, Block C-18. Have extended lease on these sites. Due to expire March 20, 2018. If the operator drills on these sites before March 20, 2018; can th…

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## [Attorneys in Michigan](https://www.mineralrightsforum.com/t/attorneys-in-michigan/1917)

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**Author:** [@Mary\_Ann\_Pernie](https://www.mineralrightsforum.com/u/Mary_Ann_Pernie)\
**Replies:** 2\
**Last updated:** [September 27, 2017, 6:57pm UTC](https://www.mineralrightsforum.com/t/attorneys-in-michigan/1917 "2017-09-27T18:57:40Z")

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Where would I find a list of attorneys in Michigan that have a good track record or are certified in oil and gas law?

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## [Attorneys in Michigan](https://www.mineralrightsforum.com/t/attorneys-in-michigan/1918)

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**Author:** [@Mary\_Ann\_Pernie](https://www.mineralrightsforum.com/u/Mary_Ann_Pernie)\
**Replies:** 0\
**Last updated:** [September 27, 2017, 6:19am UTC](https://www.mineralrightsforum.com/t/attorneys-in-michigan/1918 "2017-09-27T06:19:07Z")

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Where would I find a list of attorneys in Michigan that have a good track record or are certified in oil and gas law?

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## [Who owns minerals](https://www.mineralrightsforum.com/t/who-owns-minerals/2174)

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**Author:** [@Hank\_Will](https://www.mineralrightsforum.com/u/Hank_Will)\
**Replies:** 9\
**Last updated:** [August 23, 2017, 2:04am UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174 "2017-08-23T02:04:36Z")

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In 1956 Ohio deed, My great grandfather sold property to my grandfather. He had a life estate to live on property and also reserved 50% of the minerals. Upon death does the minerals transfer to my grandfather, or do they…

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## [Can exclusive rights be sold to another entity with the surface property they own?](https://www.mineralrightsforum.com/t/can-exclusive-rights-be-sold-to-another-entity-with-the-surface-property-they-own/2277)

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**Author:** [@Clyde\_W\_Etchason](https://www.mineralrightsforum.com/u/Clyde_W_Etchason)\
**Replies:** 1\
**Last updated:** [August 9, 2017, 11:15pm UTC](https://www.mineralrightsforum.com/t/can-exclusive-rights-be-sold-to-another-entity-with-the-surface-property-they-own/2277 "2017-08-09T23:15:38Z")

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Can an entity sell their exclusive rights with their property in Illinois?

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## [Is their a difference in the terminology in exclusive rights and executive rights in illinois?](https://www.mineralrightsforum.com/t/is-their-a-difference-in-the-terminology-in-exclusive-rights-and-executive-rights-in-illinois/2275)

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**Author:** [@Clyde\_W\_Etchason](https://www.mineralrightsforum.com/u/Clyde_W_Etchason)\
**Replies:** 2\
**Last updated:** [August 9, 2017, 11:12pm UTC](https://www.mineralrightsforum.com/t/is-their-a-difference-in-the-terminology-in-exclusive-rights-and-executive-rights-in-illinois/2275 "2017-08-09T23:12:19Z")

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Is there a difference in the terminology of exclusive rights and executive rights in the state of Illinois?

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## [Drilling Without a Lease!](https://www.mineralrightsforum.com/t/drilling-without-a-lease/5838)

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**Author:** [@Debbie\_Belcastro](https://www.mineralrightsforum.com/u/Debbie_Belcastro)\
**Replies:** 33\
**Last updated:** [August 9, 2017, 4:35pm UTC](https://www.mineralrightsforum.com/t/drilling-without-a-lease/5838 "2017-08-09T16:35:32Z")

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A company is drilling on my property without a lease! They never paid me draft money to drill but yet they send me little checks. I spoke to the Landman and he said there’s nothing I can do.

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## [Inheritance chain for mineral rights in Reagan County Texas](https://www.mineralrightsforum.com/t/inheritance-chain-for-mineral-rights-in-reagan-county-texas/4970)

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**Author:** [@Bill\_Davis](https://www.mineralrightsforum.com/u/Bill_Davis)\
**Replies:** 5\
**Last updated:** [August 4, 2017, 8:57am UTC](https://www.mineralrightsforum.com/t/inheritance-chain-for-mineral-rights-in-reagan-county-texas/4970 "2017-08-04T08:57:24Z")

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My sister, cousins and I have received an unsolicited offer to purchase mineral rights to property that we (supposedly) inherited. The property was owned by my grandmother’s nephew who never married or had children. The …

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## [Quit Claim deed for Texas](https://www.mineralrightsforum.com/t/quit-claim-deed-for-texas/4917)

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**Author:** [@Jay\_Pruitt](https://www.mineralrightsforum.com/u/Jay_Pruitt)\
**Replies:** 11\
**Last updated:** [August 4, 2017, 8:53am UTC](https://www.mineralrightsforum.com/t/quit-claim-deed-for-texas/4917 "2017-08-04T08:53:39Z")

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Can anyone share just a general Texas Quit Claim deed? Or should one like what’s used in Oklahoma work just changing the locations? Thank you.

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## [Protecting mineral deeds during a probate battle and affidavit of heirship](https://www.mineralrightsforum.com/t/protecting-mineral-deeds-during-a-probate-battle-and-affidavit-of-heirship/4677)

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**Author:** [@David\_C\_Fouts](https://www.mineralrightsforum.com/u/David_C_Fouts)\
**Replies:** 5\
**Last updated:** [August 4, 2017, 8:43am UTC](https://www.mineralrightsforum.com/t/protecting-mineral-deeds-during-a-probate-battle-and-affidavit-of-heirship/4677 "2017-08-04T08:43:31Z")

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My mother passed in 2007 in California with a will. It was never probated in Texas. In the will everything was left to my sister. In 2015 I came across mineral deeds in Yoakum that she owned. since no will was filed …

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## [Texas Intestate Succession](https://www.mineralrightsforum.com/t/texas-intestate-succession/4168)

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**Author:** [@Gary\_Beard](https://www.mineralrightsforum.com/u/Gary_Beard)\
**Replies:** 5\
**Last updated:** [August 4, 2017, 8:16am UTC](https://www.mineralrightsforum.com/t/texas-intestate-succession/4168 "2017-08-04T08:16:56Z")

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In Texas, with regard to the community estate, only when all of the children of the decedent are not also children of the surviving spouse, the statute states that 1/2 of the community estate is “retained” by the survivi…

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## [When is a lease considered fully executed](https://www.mineralrightsforum.com/t/when-is-a-lease-considered-fully-executed/2789)

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**Author:** [@Doug](https://www.mineralrightsforum.com/u/Doug)\
**Replies:** 3\
**Last updated:** [August 4, 2017, 8:10am UTC](https://www.mineralrightsforum.com/t/when-is-a-lease-considered-fully-executed/2789 "2017-08-04T08:10:56Z")

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Is a signed lease voidable if bonus payment hasn’t been received nor has the lease been filed/recorded? I don’t see any info on a contractual ‘cooling’ period so to speak, and I believe most are considered done upon sign…

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## [Ward and Winkler County Texas Mineral Rights transfer](https://www.mineralrightsforum.com/t/ward-and-winkler-county-texas-mineral-rights-transfer/3209)

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**Author:** [@Brenda\_Case](https://www.mineralrightsforum.com/u/Brenda_Case)\
**Replies:** 11\
**Last updated:** [August 4, 2017, 8:05am UTC](https://www.mineralrightsforum.com/t/ward-and-winkler-county-texas-mineral-rights-transfer/3209 "2017-08-04T08:05:32Z")

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I inherited fractional mineral rights in both Ward and Winkler Counties from my mother’s estate. What do I need to do to transfer them to my name? I live in Colorado where probate was filed. Do I also have to file prob…

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## [Do I need to go through Probate to Obtain Mineral Rights or is the will enough to transfer title](https://www.mineralrightsforum.com/t/do-i-need-to-go-through-probate-to-obtain-mineral-rights-or-is-the-will-enough-to-transfer-title/7495)

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**Author:** [@Kay\_Lynn](https://www.mineralrightsforum.com/u/Kay_Lynn)\
**Replies:** 11\
**Last updated:** [August 4, 2017, 8:03am UTC](https://www.mineralrightsforum.com/t/do-i-need-to-go-through-probate-to-obtain-mineral-rights-or-is-the-will-enough-to-transfer-title/7495 "2017-08-04T08:03:40Z")

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Hi, My mother passed away three months ago. I am the only surviving child and everything she had went to me. I haven’t started probate though because the only real property she owned was mineral rights in Kansas that ar…

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## [Seizure of mineral property for which no tax notice was received](https://www.mineralrightsforum.com/t/seizure-of-mineral-property-for-which-no-tax-notice-was-received/2788)

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**Author:** [@Joy\_Roberts](https://www.mineralrightsforum.com/u/Joy_Roberts)\
**Replies:** 22\
**Last updated:** [June 28, 2017, 2:49pm UTC](https://www.mineralrightsforum.com/t/seizure-of-mineral-property-for-which-no-tax-notice-was-received/2788 "2017-06-28T14:49:47Z")

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Has anyone had mineral property seized by a Sheriff’s Deed for non-payment of county taxes for which no tax notice was received? Through no fault of my own my name was misspelled and my address lost so I received no tax…

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## [Texas Real Estate Attorney Wanted](https://www.mineralrightsforum.com/t/texas-real-estate-attorney-wanted/2596)

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**Author:** [@joe\_meyers](https://www.mineralrightsforum.com/u/joe_meyers)\
**Replies:** 2\
**Last updated:** [June 21, 2017, 2:49am UTC](https://www.mineralrightsforum.com/t/texas-real-estate-attorney-wanted/2596 "2017-06-21T02:49:40Z")

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We are looking for a referral of an attorney with the following attributes: First off the lawyer must have irreproachable honesty and integrity. He or she must be familiar with the sale of mineral rights. Familiar with…

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## [Tax implications-mineral rights sale and life estate](https://www.mineralrightsforum.com/t/tax-implications-mineral-rights-sale-and-life-estate/2709)

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**Author:** [@Jean\_B\_Japinga](https://www.mineralrightsforum.com/u/Jean_B_Japinga)\
**Replies:** 1\
**Last updated:** [June 2, 2017, 11:20pm UTC](https://www.mineralrightsforum.com/t/tax-implications-mineral-rights-sale-and-life-estate/2709 "2017-06-02T23:20:11Z")

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Hi- I am seriously considering selling mineral rights in Lea County, NM, and am having trouble getting a clear idea of the tax impacts. It’s a complicated situation that I haven’t seen anywhere else. Back in 2014 my fa…

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## [What to do with "Property Appraisal-Notice of Protest' form 50-132](https://www.mineralrightsforum.com/t/what-to-do-with-property-appraisal-notice-of-protest-form-50-132/2767)

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**Author:** [@Frances\_Ellen\_Munschauer](https://www.mineralrightsforum.com/u/Frances_Ellen_Munschauer)\
**Replies:** 6\
**Last updated:** [May 25, 2017, 5:05pm UTC](https://www.mineralrightsforum.com/t/what-to-do-with-property-appraisal-notice-of-protest-form-50-132/2767 "2017-05-25T17:05:43Z")

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Does anyone know why I would receive this form to be completed by 5-31-2017? I do not live in Panola County, Texas (Carthage?), but do own mineral rights there. If the appraisal was incorrect, how in the world would I kn…

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## [Non-payment of royalties by Chevron and Summit](https://www.mineralrightsforum.com/t/non-payment-of-royalties-by-chevron-and-summit/2820)

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**Author:** [@George\_Ley\_Va](https://www.mineralrightsforum.com/u/George_Ley_Va)\
**Replies:** 2\
**Last updated:** [May 17, 2017, 5:47pm UTC](https://www.mineralrightsforum.com/t/non-payment-of-royalties-by-chevron-and-summit/2820 "2017-05-17T17:47:49Z")

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I own interest in several oil wells in Upton County, Texas that were seamlessly worked by Concho until January 2017. Concho sold 3/4 of my interest to Chevron, 1/4 to Summit Petroleum. According to Concho the wells have …

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## [Seeking Opinions:Solve this pooling issue with OK law:](https://www.mineralrightsforum.com/t/seeking-opinions-solve-this-pooling-issue-with-ok-law/2871)

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**Author:** [@Curtis\_Cory](https://www.mineralrightsforum.com/u/Curtis_Cory)\
**Replies:** 11\
**Last updated:** [May 14, 2017, 12:27pm UTC](https://www.mineralrightsforum.com/t/seeking-opinions-solve-this-pooling-issue-with-ok-law/2871 "2017-05-14T12:27:58Z")

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Operator files for 640 acre horizontal oil spacing and drilling unit with Commission. However, lease includes express acreage limitation as follows: Lessee at its option is hereby given the right and power to pool and…

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## [Recommendations to finalize ownership and collect royalty payments](https://www.mineralrightsforum.com/t/recommendations-to-finalize-ownership-and-collect-royalty-payments/2879)

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**Author:** [@Terri\_Zumbrum](https://www.mineralrightsforum.com/u/Terri_Zumbrum)\
**Replies:** 3\
**Last updated:** [May 6, 2017, 11:11pm UTC](https://www.mineralrightsforum.com/t/recommendations-to-finalize-ownership-and-collect-royalty-payments/2879 "2017-05-06T23:11:26Z")

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My grandmother had mineral rights in Grady County, Oklahoma. She is deceased and my mother is her sole heir. No will was probated in court. Two tracts of land have been leased and lease dollars paid to my mom. One tract …

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## [Are Mineral Rights Community Property in Montana](https://www.mineralrightsforum.com/t/are-mineral-rights-community-property-in-montana/19466)

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**Author:** [@CircleBarH](https://www.mineralrightsforum.com/u/CircleBarH)\
**Replies:** 8\
**Last updated:** [April 29, 2017, 2:19pm UTC](https://www.mineralrightsforum.com/t/are-mineral-rights-community-property-in-montana/19466 "2017-04-29T14:19:38Z")

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I own the mineral rights in two counties in Eastern Montana. We live in a community property state yet I believe Montana does not recognize community property. Two of my leases have my husband’s name and his signature, a…

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## [Selling mineral interests](https://www.mineralrightsforum.com/t/selling-mineral-interests/3083)

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**Author:** [@Dani\_Ray-Carman](https://www.mineralrightsforum.com/u/Dani_Ray-Carman)\
**Replies:** 4\
**Last updated:** [April 4, 2017, 11:53pm UTC](https://www.mineralrightsforum.com/t/selling-mineral-interests/3083 "2017-04-04T23:53:48Z")

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We’re currently working on a deal to sell 25% of our royalty interest. We’ve received a deed to sign and return but the new deed lists the price at $10 versus what we are actually selling it for. I asked them about this …

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