Is Surface only set in stone?

This is situation, surface only deed done for my now deceased parent’s Oklahoma property 2015 to 3rd party in California then that 3rd party transferred her total interest to her family member in 2019 including mineral Rights. 12 days before her death of course. My question is am I chasing ghostly mineral Rights if I attempted research and exactly what do I expect when untangling such a mess? FYI Seminole county OK S24-05-07 in Sasakwa.

Does the surface deed specifically retain the mineral rights? Did your parents actually own the mineral rights?

The initial step is to hire an experienced Oklahoma attorney with oil and gas expertise to review the deeds and advise you what, if anything, needs to be done. Not a DIY project.

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If your parents reserved the mineral rights, then the subsequent deed shouldn’t have conveyed those rights. However, you should not sit on your rights and have the issue resolved. This may require a probate and/or quiet title action.

Well thank you everyone for your input. As to did the have the rights, I think so. And yes Mr. Winblad, I cannot express just how right you are. Truth is when the probate was initially filed I literally dialed every single number Google offered in a search in October 2019 to no avail, I still do not understand why. So like it or not DIY it is. I appreciate the help I find on here so very much though!

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You can Google the Oklahoma Bar Association and use their lawyer referral service to find an attorney.

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