Can an executor’s deed transferring real and mineral rights if all taxes paid by estate and conveyance transferred , signed by judge, take precedence over distribution of assets finally signed and recorded a full 6 months later? Step daughter bought both real And raw land at auction asked for in the decedant’s will ASAP after death. Her brother had "inherited " all mineral rights in the will but the executor accidentally sold them almost immediate after testator demise–with formal transfer by state tax bureau and signed by judge as partial distribution of property. He still got an
N o&g lease and drilled for greater than 15 yrs. He intimidated my mother into not doing anything. Both are now deceased and I have signed an o&g lease as well as filed an affidavit of heirship–but still very Leary of his children.
Larry, you need to explain the situation more clearly to get an answer to your question. Here is what I get out of your statement. Decedent passed away and his/her will called for the land (surface) to be sold at auction to the highest bidder and the minerals were to be deeded to the beneficiary stated in the will. Exactly what two conveyances took place, an executor's deed to the stepdaughter (Decedent's?) conveying the land and erroneously conveying the minerals and what else? If the executor's deed to the stepdaughter did not reserve the minerals for conveyance to the intended beneficiary and they were not conveyed to him, this is a breach of fiduiciary duty by the executor and a legal question for an probate attorney.
Who executed an oil and gas lease, the brother who was to inherit the mineral rights or the executor? If the oil company drilled for 15 years, was there production and who did they pay the money to? Who are the two people that are deceased, the executor and your mother? What was your mother's and your relationship to the decedent and what did the executor talk your mother out of doing? I am trying to figure out how all of you fit into the picture and what minerals you leased.
decedent passed away and mineral rights were passed to her stepson, among other things of real property. before final disposition of will assets my mother purchased through an auction as requested in the decedents will and through an executor’s deed "all the right, title, interest and estate of the said decedent at the time of her death and also all the right title and interest that the said estate may have acquired by operation of law or othewise, other than, or in adition to, that of said decedent at the time of her death, in and to the following described real property situate in Oklahoma county:yadayada (basically my grandfather’s house) but raw land popped up in the paperwork which was sold to someone else, and specific mineral rights in Pottawatomie county in 17, 6, 3 IM–about 30 NMA. No name attached there except that my uncle was to inherit it. However, those rights, the raw land, and my grandfathers house (to my mom and signed by judge) were NOT in the final items for disposition by the judge 6 mos later except the mineral rights–which popped up as part of my grandmother’s property that supposedly my mother had bought and forever owned. The executor’s deed was ordered by her will and was to be done ASAP after her death. My uncle basically intimadated mom and she just never did anything. Now she is deceased and so is my uncle–leaving behind his two adult children. I have signed an O&G lease and filed an affadavit of heirship with the county clerk. It appears that the Oklahoma tax commission transferred the conveyance to my mom, and others who bought the raw land–but we cannot find where the minerals were conveyed to. so there it is. the executor’s deed is extremely clear about mom being the owner of all of the estate “at the time of her death.” so she did not inherit it–she bought it. now, big question, what do I do. file the deed (1975) with the county clerk, and see if fireworks ensue or what. If you do not have an answer that is ok…thanks for “listening.” I just feel my mom my have been royally screwed. thanks again, Larry
Larry,
I am still trying to piece together the puzzle. Let's see if I am following you.
I assume the decedent was your grandmother and her will bequeathed all of her minerals to her stepson. In that event, your mother would not have been able to purchase them at the auction. Did the executor convey the minerals to the stepson as directed in the will, or to anyone? When you say raw land popped up in the paperwork, what paperwork are you referring to, a deed to someone else for land your mother purchased at the auction? Was your uncle supposed to inherit the 30 mineral acres? Have you actually received the money for the oil and gas lease? If so, the oil company ran title and must have concluded that your mother owned some minerals. The 1975 deed to which you refer, is this the executor's deed to your mother for the land she purchased at the auction? Has it never been filed for record? I don't know anything about Oklahoma law, but the situation you describe is convulted and there are still more details needed for a qualified person to answer your questions. Good luck!
Larry W Banyash said:
decedent passed away and mineral rights were passed to her stepson, among other things of real property. before final disposition of will assets my mother purchased through an auction as requested in the decedents will and through an executor's deed "all the right, title, interest and estate of the said decedent at the time of her death and also all the right title and interest that the said estate may have acquired by operation of law or othewise, other than, or in adition to, that of said decedent at the time of her death, in and to the following described real property situate in Oklahoma county:yadayada (basically my grandfather's house) but raw land popped up in the paperwork which was sold to someone else, and specific mineral rights in Pottawatomie county in 17, 6, 3 IM--about 30 NMA. No name attached there except that my uncle was to inherit it. However, those rights, the raw land, and my grandfathers house (to my mom and signed by judge) were NOT in the final items for disposition by the judge 6 mos later except the mineral rights--which popped up as part of my grandmother's property that supposedly my mother had bought and forever owned. The executor's deed was ordered by her will and was to be done ASAP after her death. My uncle basically intimadated mom and she just never did anything. Now she is deceased and so is my uncle--leaving behind his two adult children. I have signed an O&G lease and filed an affadavit of heirship with the county clerk. It appears that the Oklahoma tax commission transferred the conveyance to my mom, and others who bought the raw land--but we cannot find where the minerals were conveyed to. so there it is. the executor's deed is extremely clear about mom being the owner of all of the estate "at the time of her death." so she did not inherit it--she bought it. now, big question, what do I do. file the deed (1975) with the county clerk, and see if fireworks ensue or what. If you do not have an answer that is ok.....thanks for "listening." I just feel my mom my have been royally screwed. thanks again, Larry
well. it gets interesting. the executor’s deed has been on file in Oklahoma county for the past 37 years–open to public scrutiny. The tax release to the mineral rights have been on file since the date of the Executor’s deed , but in Oklahoma county, again open to scrutiny now for 37 years–but it does say the mineral rights exist in Pottawatomie county. The deed and mineral rights would seem inseparable–exact same day and so ordered by the decedent in the will. At the end of the will’s distribution of assets the comment is made"that all of the hereinbefore described real property, personal property and cash not already transsferred be the the same are hereby ordered transferred, conveyed and assigned excepting certain mineral rights, more particularly in the General Inventory and Appraisement and the Final Acount on file herein, which shall be conveyed to ***********(stepson.) In the general inventory there were no financial closing assets of any real property, raw land and ten dollars left in the mineral rights closing assets. Which I believe my mother paid along with other considerations–that is a little unclear as in the executor’s deed all assets of land and underland were sold. So–I have filed the deed and mineral rights in Pottawatomie county. I am only trying to be pro-active should there be a chance of drilling and my being able to provide proof of heirship and ownership…I am almost certain his children would contest—even after being on file for 37 years. Would this be akin to an adverse deed situation? Is this novel over??
Larry,
I think this one is for Sherlock Holmes or like minded persons. It is beyond my comprehension! Maybe someone can pick up the ball and run with it.
Larry W Banyash said:
well. it gets interesting. the executor's deed has been on file in Oklahoma county for the past 37 years--open to public scrutiny. The tax release to the mineral rights have been on file since the date of the Executor's deed , but in Oklahoma county, again open to scrutiny now for 37 years--but it does say the mineral rights exist in Pottawatomie county. The deed and mineral rights would seem inseparable--exact same day and so ordered by the decedent in the will. At the end of the will's distribution of assets the comment is made"that all of the hereinbefore described real property, personal property and cash not already transsferred be the the same are hereby ordered transferred, conveyed and assigned excepting certain mineral rights, more particularly in the General Inventory and Appraisement and the Final Acount on file herein, which shall be conveyed to ***********(stepson.) In the general inventory there were no financial closing assets of any real property, raw land and ten dollars left in the mineral rights closing assets. Which I believe my mother paid along with other considerations--that is a little unclear as in the executor's deed all assets of land and underland were sold. So--I have filed the deed and mineral rights in Pottawatomie county. I am only trying to be pro-active should there be a chance of drilling and my being able to provide proof of heirship and ownership.....I am almost certain his children would contest---even after being on file for 37 years. Would this be akin to an adverse deed situation? Is this novel over??
thanks for hanging in there 6th. to me it only gets complicated if one says an executor’s deed on file publicly after 37 years holds no merit. So, the oil company, paying me a rather handsome bonus for only 30 NMA, must give some credence, as you intimated. well, time always answers our questions.
You are welcome. Yes, time does usually answer our questions.
Larry W Banyash said:
thanks for hanging in there 6th. to me it only gets complicated if one says an executor's deed on file publicly after 37 years holds no merit. So, the oil company, paying me a rather handsome bonus for only 30 NMA, must give some credence, as you intimated. well, time always answers our questions.
well…here I am again. possibly some positive news. an attorney wrote me and said that any other supposed owner, if deceased, will have a hard time proving anything and it is unlikely that a contention would be validly listened to as the statute of limitations has long passed: my judicial deed and transfer description by the Oklahoma tax commission has been on public file for 37 years. at worst this probably represents the best of any adverse possession type of case–even if the claimant in the will says it was supposed to pass to him–it did not in the accounting of the disposition of the estate. And in his will–there is no mention of any mineral rights owned or passed on, but, his children still filed it with the Pottawatomie clerk as it had his step-mother’s will attached (not the judicial distribution of assets) stating it was her desire he have the rights. Oh well…and I guess that step-grandchildren cannot now contest any will-positive or negative as they were not listed as beneficiaries of any land rights in their grandmother’s will. The key word here is STEP.