Hello, My sister and I recently inherited mineral rights in Oklahoma and Texas. Currently they are in a Trust and we need to figure out how to 1) divide them and then 2) re-deed them into our personal names. We are looking for a Landman to help us do this, and an oil and gas attorney for any legal questions or issues that might arise. We are in Colorado but are thinking that it would be best to hire someone in Oklahoma or Texas.
Thank you so much!
My situation is similar to yours. I live in Tennessee near my older sister and I’ve 2 sisters who live in Oklahoma. Our father passed in 2010 and in his non-probated will he left all Mineral rights and any royalties to be divided equally amongst his 4 daughters. The Will was presented to the County Courts but was not completed. During his illness I went to all surrounding county court houses and looked for any mineral rights that he may have forgotten to tell us about. I found mineral rights in Atoka County but the deed reads my fathers name and my mothers name. We need to know how to get the deed put in our names in the cheapest legal way possible. It is near our old home place and we moved from Atoka County in the early 70s to Johnston county where we have rights as well. Any help you can give me would be greatly appreciated. I know there are oil and gas wells within a mile plus radius. But I don’t know how to find out how to search the OCC site to see if this particular location has vertical well or maybe better said, are we missing out on royalties. The deed was put in our parents name back in 1973. I know not all landsmen actually do a thorough job at finding the owners.
If the minerals were not in a trust, you are probably looking at a probate. The probate order will distribute the minerals according to the Last Will and Testament or if there is none via intestacy.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Welcome to the community.
The current acting trustees can deed these to the beneficiaries if that is what the trust provides. There would need to be an affidavit of successor trustee. The deed itself can distribute the minerals according to the trust instructions.
You would need an attorney licensed in each of the states.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Read the Trust! Most likely if they are in the trust a probate my not be necessary. When the trust was formed it had instructions!
That is correct, if the minerals were deeded into the trust a probate would not be needed. Just follow the directions of the trust. Most simple probate avoiding trusts have the property distributed outright to the beneficiaries.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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