Brock,
Wes has been out of the office. He just had a baby. No excuse on our part. I’ll check on your payment first thing when I get to the office Monday.
Thanks Martha and Everett,
I will remember your advise Martha. Everett, I will wait for your response Monday.
By the way Martha, I FedEx’ed the lease documents and did get the receipt for accepting them at ECHO.
ECHO did pay me last week, 1/7/2019. However, I was told their title search says my original claim is slightly off and they deducted some of my claim (0.926 nma). I have requested the documents they reviewed but no response yet.
Martha, I have reviewed the documents ECHO sent me which they said used as their basis for excluding the 0.926 nma in the lease. The documents records identifying the transfer of nma’s to the 4 brothers (my dad being one). That 2 interments took place on April 2, 1937 and another on April 7, 1946. The nma’s were equally divided to the 4 brothers. Unfortunately, 1 of them died about 7 months later. He never married and had no children. No actions were taken with respect to the deceased brother’s nma’s and they reverted to his parents who were living at that time. The parents did not re-distribute the nma’s so I some confidence that the nma’s, by common law were redistributed to the remaining 9 siblings (or their children). My previous lessor agreed with that and paid the lease for the distributed 0.926 nma’s. Should there be additional documentation to justify that?
Not an attorney, but the laws of intestate inheritance would have been in effect. There may some documentation of that back in the county records if an affidavit of heirship was filed.
The complicating factor in this area of Stephens may be that your acreage may be in an old unit that is held by production. If you can document all the family history and have a copy of the previous lease documents, you may be able to argue your situation with them. Ask them for a copy of their title opinion paragraph that says otherwise.
Thanks Martha. I filed an affidavit of heirship for my fathers family back in 2011 for the section we are dealing with right now. My aunt (fathers sister) filed an affidavit of heirship in 2012 for the section next to this one. Same names and dates on both. I will look for the previous lease agreement as you suggested.
Based upon what you said, your father was probably entitled to your deceased uncle’s minerals, at least upon the the death of your grandparents. If there wasn’t a Will this is governed by intestacy (not common law). It is possible that you are entitled to more.
Oklahoma Intestate Succession
Interesting. No, there was no will I am aware of. I will take a look at OIS law. Thanks very much Richard.