How does one go about Checking someones will who past many years ago? I think it was in Los Angeles. Since my Dad's family all inherited from their uncle who is a Brock out of ND, years and years ago, I was wonder what would be the best way to check up on my uncle Pete's will, not really knowing if he had one. Thanks much. Kathy
Kathy, it would depend on if your uncles estate was probated. If the estate was probated there could be recordings at the county recorders office. Another question would be where the estate was probated. ND does not recognize probates from other states. I would hope that if someones estate with real property in ND was only probated in one state it would be ND but many people do not know that ND doesn't recognize other states probates. To look for a probate, I would look where your uncle passed and where your uncle owned the property. After that it would be your best guess and if that failed If you know where the minerals are from your dad who inherited I would claim the minerals so your rights could not be extinguished.
RW, in your last sentence you talk about claiming the rights so not to be extinquished. The three of us kids did update the title in 2010. This was around the time of the 3 yr lease we are still in being it's 2013.
Rw, I have a copy of the mineral Deed from my Dad's uncle who gave my Dad and his 3 siblings 11.25 mineral acrers, which was dated in 1977. That deed # is 152833, then I have copy of mineral Deed # 152834 and also mineral deed # 152835. Plus #113686. Seems a couple people named have passed on.
Being these were all dated in Divide county of ND. 2 questions. One being my immediate concerns are with what my Dad and his 3 siblings had .( 11.25 mineral acres).
So being my one uncles wife -sold her deceased husbands mineral rights back in the 1990's. That knocks it down to my one uncle Pete from CA. I will have to see if probated and in what state?
Looks like in My Dad's uncles" will" gave 45 acres to one family, and another 45 to another part of the family. Then it gets down to my Dad and his siblings with 11.25 acres. Then another side of the family gets 6.428 acres. These amounts are all over 1120ths mineral acres. For example My Dad's family is 11.25/1120ths mineral acres.
Looks like section #22 may be the missing piece? It noted in part of my Dad's uncles 's estate.
Question #2. ( To claim more mineral rights that my uncle had) if I went and found no record of any other relative with current title work in Divide County. Is this what you mean by claiming the minerals?
I'm learning a lot and I don't mean to take up a lot of your time RW. God Bless! Kathy
r w kennedy said:
Kathy, it would depend on if your uncles estate was probated. If the estate was probated there could be recordings at the county recorders office. Another question would be where the estate was probated. ND does not recognize probates from other states. I would hope that if someones estate with real property in ND was only probated in one state it would be ND but many people do not know that ND doesn't recognize other states probates. To look for a probate, I would look where your uncle passed and where your uncle owned the property. After that it would be your best guess and if that failed If you know where the minerals are from your dad who inherited I would claim the minerals so your rights could not be extinguished.
Kathy, it's no trouble at all, don't give it a second thought.
The dormant minerals act requires that you claim or have used the minerals within 20 years. The deeds from 2010 means you are good on those.
If you have some interests out there that you do not yet have the deed for, you need to claim. The description does not seem to have to be exact, to be effective and the statement of claim will state that the purpose is so that your interest will not be extinguished, then they usually add oil and gas and a laundty list of minerals including gravel and ending in any other mineral, just for good measure.
If you have any inkling that you may be heir to the minerals, specifically if you don't find that any other family member has claimed them after a record search turns up old deeds, I would claim the minerals to prevent the surface owner from thinking he could reclaim the minerals under his surface, providing if the minerals are severed from the surface estate. You may not be the rightful owner but if the rightful owner is a family member, I doubt they would squawk much that you prevented some outsider from claiming their minerals.
If on the other hand, someone else already owned your uncles minerals, for it to be slander of title requires that it pass a pretty high bar, firstly you would have to know...that the minerals were not yours, then they would have to prove malice, lastly I for the life of me can't see how anyone could prove you were talking about their specific undivided interest if there are several owners? And of course your claim states that it's only purpose is that your interests not be extinguished. If you had no interest, the claim would be meaningless. Now for the disclaimer. I am not a lawyer, but I have had the advice of a darned good one and read the law myself.
I was assuming that the minerals were severed from the surface. Unsevered minerals need not be claimed because you would be the surface owner and unlikely to steal minerals from yourself.
I hope this helps.
DW, does a person have to go to clerks office in person? To check names of possible realatives? thx. Kathy
r w kennedy said:
Kathy, it's no trouble at all, don't give it a second thought.
The dormant minerals act requires that you claim or have used the minerals within 20 years. The deeds from 2010 means you are good on those.
If you have some interests out there that you do not yet have the deed for, you need to claim. The description does not seem to have to be exact, to be effective and the statement of claim will state that the purpose is so that your interest will not be extinguished, then they usually add oil and gas and a laundty list of minerals including gravel and ending in any other mineral, just for good measure.
If you have any inkling that you may be heir to the minerals, specifically if you don't find that any other family member has claimed them after a record search turns up old deeds, I would claim the minerals to prevent the surface owner from thinking he could reclaim the minerals under his surface, providing if the minerals are severed from the surface estate. You may not be the rightful owner but if the rightful owner is a family member, I doubt they would squawk much that you prevented some outsider from claiming their minerals.
If on the other hand, someone else already owned your uncles minerals, for it to be slander of title requires that it pass a pretty high bar, firstly you would have to know...that the minerals were not yours, then they would have to prove malice, lastly I for the life of me can't see how anyone could prove you were talking about their specific undivided interest if there are several owners? And of course your claim states that it's only purpose is that your interests not be extinguished. If you had no interest, the claim would be meaningless. Now for the disclaimer. I am not a lawyer, but I have had the advice of a darned good one and read the law myself.
I was assuming that the minerals were severed from the surface. Unsevered minerals need not be claimed because you would be the surface owner and unlikely to steal minerals from yourself.
I hope this helps.
Kathy, it depends on how far back in time we are talking about. The electronic records go back about 22 years in most oil producing counties in ND and records newer than that can be searched online with a $25 subscription to the NDRIN Recorders Network. They take credit cards, be sure to cancel after you have veiwed or downloaded what you wish so the subscription does not become a recurring charge. If the records you are looking for are more than 25 years old, you will probably have to look for them in person or hire it done. I hope it's newer because it's alot easier to search online. I hope this helps.
RW, I hope so too! That would be great if I could search online. Thanks for the info. You would think if my relatives other than my siblings, had knowledge or interest they would have some record within the last 20 years? Maybe?? God bless! Kathy
r w kennedy said:
Kathy, it depends on how far back in time we are talking about. The electronic records go back about 22 years in most oil producing counties in ND and records newer than that can be searched online with a $25 subscription to the NDRIN Recorders Network. They take credit cards, be sure to cancel after you have veiwed or downloaded what you wish so the subscription does not become a recurring charge. If the records you are looking for are more than 25 years old, you will probably have to look for them in person or hire it done. I hope it's newer because it's alot easier to search online. I hope this helps.
Kathy, I would hope that someone would have made a recording. Unfortunately, there are alot of people who don't know the law and that they need to claim. As time goes on more and more surface owners are learning the fact that they might be able to reclaim minerals and I see the notices more and more. In fact, if someone had thought of it, they could have claimed some of my minerals before I probated my dads estate.
I hope you can find what you need online. It can be expensive to have someone look for you and just as expensive to go look yourself.
Gotcha! I hope so! I feel led to keep going, so I am very thankful for your kind efforts and knowledge. There is a reason for all this! Kathy
r w kennedy said:
Kathy, I would hope that someone would have made a recording. Unfortunately, there are alot of people who don't know the law and that they need to claim. As time goes on more and more surface owners are learning the fact that they might be able to reclaim minerals and I see the notices more and more. In fact, if someone had thought of it, they could have claimed some of my minerals before I probated my dads estate.
I hope you can find what you need online. It can be expensive to have someone look for you and just as expensive to go look yourself.
If you need to hire somebody, try a local title company or check Web sites for local independent title abstractors. Wherever you check for somebody's Probate, if you don't find one, also check that County Clerk's Deed Records for something called an Affidavit of Heirship. If there was no Probate for the Decedent's Estate, sometimes there will be an Affidavit from which you can get some clues about ownership.
Pete, thank you for you information on what to do. My uncle's portion is still up in the air as far as who of if he willed it to my cousins or all of us. So for his stuff, your info is a great help. Thanks and God Bless! Kathy