Division of Mineral Rights

Does anyone have an idea how long it would take to do a mineral rights division once the attorney has the paperwork? We have approx. 640 acres that need to be divided 4 ways. I've been told that an attorney is working on it but it seems to be taking a long time.



Ms. Adkisson, I would say to pester the lawyer and get your answer staraight from the horses mouth. Sometimes the squeeking wheel gets the grease. You may be on the lawyers back burner, but he may step up if he thinks you may take your work with those lovely billable hours to someone else, especially if he hasn't started at all and can't stick you with a few hours bill on your way out the door.

The problem is the trustee who refuses to give us any usable information. We were told that an attorney "up north" was doing the work about 6 weeks ago. We live in California and our mineral rights are in ND & Montana so I have to assume "up north" means one of those states. I called the Golden Valley County recorder and they said nothing has come in for any changes. Hugely frustrated but thought someone who had inherited mineral rights could give me some type of time frame before I have to get my attorney to contact the trustee. Thank you for your response.

i assume you are not going through a regular probate court as a trust was set up?

Was a county treasurer set up as the trustee for your minerals because you were unlocatable owners ?

Dillon & RW Kennedy:

The mineral rights are in my moms name. She passed away in 2009 and they were not included in the trust and she had signed a lease in 2008. The trustee stated that she started the process to transfer the mineral rights between myself and my siblings about 6 weeks ago. I contacted the county recorder for Golden Valley who told me that they have not received any paperwork regarding a division of mineral rights and they are still in my moms name. I don't know if its a process like going through escrow or anything like that and was wondering how long something like this would take. My experience with the trustee has been very trying and she refuses to share any information with any of us, which I've learned is not so unusual. I'm just frustrated and wanted to see if its a months long process or weeks....from anyone who has been in a similar situation regarding the division of mineral rights. Thank you for replying, I appreciate it.

Dont have enough info to determine if the minerals are included in the trust.

Some ppl are encouaged to put their assets in trust to avoid probate costs & speed up the inheritance process.

But from what I've seen it often increases costs & delays

And if you are just a beneficiary under te trust, you are often powerless