Is this a new law regarding probate in other states? I live in TX and most of my property will be probated in TX, if I understand you correctly, all that has to be done is sent copies to Oklahoma and that will take care of all my property in Oklahoma. That would be simple and a lot cheaper than probate. I know I will have to probate my property in Oklahoma unless it’s in trust. At that point, I can sent copies to each county where my property is. Am I over looking something? I may have my facts wrong. I do not see how I can get by without probating in Oklahoma and have a marketable title. I sure wouldn’t buy any minerals that haven’t been probated to make sure the people own it.
Greg, yes, you are right, if I am dead, I can no longer get any benefit of the SOLDIER AND SAILORS RELIEF ACT. (sigh) It deals with anything that is any law, and almost always has favorable outcome for the service member AND THEIR FAMILY MEMBERS. Also, congress passed and President Bush signed a new article of it, providing for not only all activue duty, but also all Reservists.
Virginia, I believe that Ronald signed a lease for 1/8, if I were the oil company and I were reasonably certain the minerals were his, I would get the check in Ronalds hands without delay because I would really want an 87.5% NRI in his minerals.
I sympathise with all over the spelling. It’s not easy when the keyboard is so small and my fingers are so large.
Ronald, for clarification and please correct me if I am wrong, but I believe the Act you are referring to is intended for the purpose of not being able to appear in court due to active duty. To my knowledge it no longer applies once you have either died or are no longer on active duty. You still need to probate, but there are provisions for how the process goes when you are not able to attend due to active duty. Typically you would need to send in an affidavit to the court stating the situation at which time the court would determine the correct course of action under the Act, but it does not take the place of court proceedings. If I am mistaken please provide the section of the act that states that no probate is needed. Also in regards to the will or probate in another state, at the very least a copy needs to be filed in the county in which you own minerals otherwise there is no way for them to know who owns it.
2 Milatary Pup: I am also military, retired but wife is still in the army and we are stationed at Fort Knox until she retires in July.
What RW Kennedy told you is gospel when saying You make your own luck with becoming knowledgeable, so I will wish you good luck.
This oil/gas stuff, for me, is very addictingI love learning more about it, and the best outlet I have found for this, as in everything else on the planet, is YOUTUBE. Everything under the sun is on Youtube.
Here is what happened to me:
My Grandfather died, left the minerals to my Mother.
My mother died and passed them down to me in her will.
I had to send proof of her death (certificate) and copy of will to prove I am me.
They sent me a lease to sign and have notorized.
I like the terms, and so I signed and notorized my signature back to the Landman.
They sent me a check (check which I did not cash but put underglass in a picture frame and have it hanging on my wall.)
The bulldozers went out to the section, and I expect the spud any day now.
(If there is an 8) I will retire again for the third time in this lifetime.
I have made several new friends on this very website who are knowledgable and know what is going on in every aspect, or they know how to find out.
I will write abook about this experience and retire for the 4th time, but buy a new Rolls Royce off of my book royalties.
I win.
But I will still be waiting for my gusher…LOL Knowledge is POWER.
My brother and I signed a lease from property passed down through our mother. She had muniment of title in the state of Texas–because this property was unknown to me and my brother. Mother had already give me some jewelery, etc. and so left everything else to my brother. Westar came, said no opening of will was necessary and signed both of us to leases in Pottawatomie county. 3yr/2yr ext–3/16 for myself and brother chose 1/8 as bonus–we received in cashable checks. I am guessing to avoid probate hassle as one could say that everything was his, however, one landman made the comment that according to the Oklahoma Supreme Court if you look at the will it is NOT evident that I had been disinherited from its four corners–otherwise why would I be mentioned as by name as alternate inheritor if my brother pre-deceases me? So we both have leases and now have discoverd potential mineral rights in Logan–which I have filed an affadavit of heirship with the county clerk there–which is what we did in Pottawatomie county. Any comments are appreciated.
Everything in my situation is okay. Mother died more than 12 years ago, in Missouri where she was a resident, and had not even been to Okla for over 60 years. The will has never been contested. Though I lived and worked in Okla, it was over 30 years ago, and only very limited, one day a week sometimes, in Oklahoma.
Also, we in the military and military families are covered by the U.S. SOLDIERS AND SAILORS RELIEF ACT and it protects us against many of the legal stuff non-military has to go through, such as probate requirements, drivers licensing, many other areas of the law. And I did get a check, not a draft.
What a probate does is “Valid” by a court of law that you are the rightful owner, that all creditors/taxes are paid.
It identifies all the property, all the creditors, etc and whom is to get what.
If I understand what your mother’s “will” stated, your brother is the owner of everything except the jewelry your inherited. Now, several years go by and your collects one half of the mineral checks. Then your brother’s children figure out that you never owned any of the minerals. You may have to repay all the money you received plus interest. This is only an example for general use. Each case is different. But, at this time, you are only an alternate inheritor and your brother is still alive. When you start signing the checks, make sure you are entitle to them or it can be costly.
Also, landman are my title attorney’s and may not understand what has taken place. Most landmen are good, but some just get everyone to sign so they are in the clear. But, you are the ones who will be paying the price. You need to see an attorney right away before you start getting big checks.
Also, Texas and Oklahoma have different laws on probate.
I am reasonably certain that all states have agreed to honor all other rules/law of probate of other states, and have been told so by military attorneys who say this but have no issue or concern in such matters. I am wondering, and very curious about, the possibillity that your Mother had just no thought of Mineral rights, and didn’t even consider them of any value one way or another? A lot of people have written off Minerals in Oklahoma because nothing has happened in a hundred years and so they just thought nothing was ever likely to happen?
Ronald, I think you are correct that states should honor probates from other states just as they honor marriages from other states, it’s the civilized thing to do. Unfortunately, I know of at least one state that does not recognize probates from other states and that state is North Dakota. I hope it is the only state that does not recognize probates from other states but if there is one, there could be more.
Yeh, things don’t always turn out right, or even turn out one way or tuther for that matter, but everyone should sue somebody at least once in their lifetime, if they don’t, they are missing out on one of great joys of our lifestyle.
Yeh, everybody who has a need to know, in my case, has a copy or certified copy of everythihng they need. The Soldiers Relief act is still in effect, we have classes on it in the military. It covers many things dealing with many laws.
I signed for 1/8 you are right. TYhese things are watched pretty closely by the courts, in every state, and are pretty fair, or they would be changed. As for oil companies actually “cheating” anyone, I have my doubts that any oil executive would even consider it if they knew the conditions they might live under in the Oklahoma Prison System facilities, I just have my doubts about anyone being that stupid… LOL
All in all, I believe our system is this, and everything else, is pretty fair and just.
I notice the New York State noratorium has been lifted by Gov. Coumo, this should tell us a lot, because of the pressure he was under.
In Oklahoma a will or an estate needs to be probated. An affidavit of heirship signed by a disinterested third party is acceptable if it has been filed and not contested for 10 years. Ultimately it comes down to the operator of the well and what they will accept for title, every company is different. Sometimes they will take an affidavit of heirship that wasn’t filled out properly or less than 10 years if title is otherwise clean. You should always try to probate, but pick a probate attorney who is an expert in their field. Probates are done incorrectly all the time. If you want to get around probating deed the property to your kids before you die, or you can do it thru a trust. It all needs to be done before you die though.
I will agree that any company would get a check to someone real fast if they only wanted 1/8. Also, the oil company is not responsible if they don’t get the division order to the right people. They try and do a good job, but they do miss things once in awhile. It’s the people that sign and take the checks that are and may have to pay someone back with interest. If you read your division orders, their is always a clauses.
Landmen are taught, if you aren’t sure, get everyone to sign it and then the oil company is protected. Once it get to their title attorney’s then is when the problem may show up and they have the right to put a hold on any payment till the title is clear. And even some very good title attorney’s have over looked something. Right now, most of the title attorney’s are over worked and just trying to get things done the best they can. So, again know what you are signing.
Ronald, you are right that all states should honor each other probate, but they don’t. Lots of things don’t make sense outside of court, that is why their are so many lawsuits.
Virginia, I don’t think this is any “law” or “legislation” that would probably require one to at least consult an attorney. Lots of things happen every day in our lives that do not require attorneys, or the courts, or anyone else. Most of it, 99.9 percent or maybe more, requires nothing more than your signature over the fine print that reads, in part, “…is this true and complete to the best of your knowledge…”
Only when someone comes along and makes a “CREDIBLE” claim against your ownership of the minerals would there ever be any problem. I believe we really do have the best justice/legal system in the world, and it is largely based on our honor and our word.
There are some thing that can be done with only a signature, but their are lots of things that needs more attention. That is one reason our courts are over run. Some dumby signed something they didn’t understand. That is how the rich get richer, by people signing things they don’t understand and it’s all legal.
I guess if I only had a couple acres, it wouldn’t be worth my time paying an attorney to get things done right. But, I have lots more acres than that.
This past year, I had a company in Colo that said they purchases my minerals on my farm and sold it to another oil company. The only problem, they didn’t own any of my minerals (they did own minerals in the section, but not my quarter). So, after I spend lots of money, the people whom purchases it lost their money (probably at least $160,000 on the low side), I got my minerals cleared.
I think you are living the the dark ages when you think you know everything and don’t need legal help. In todays world, everyone is out to get what others have. Write your book. But, please know the facts or someone will sue you, unless you make it fiction. Good luck.
One more question? Since you signed a lease for only 1/8, did you mark anything out on that lease? Are you going to be paying for transportation and other things? You may be paying the oil before it’s over.
Any probate or quiet title can be vacated so when you say you wouldn’t buy any unless they were probated to make certain they own them, that gives not certainty or guarantee. Someone can always contested it even though it says they can not after the final order. It’s kind of like the news I just watched on tv where a person got life in prison but can get out in like 10 years. I purchased some Oklahoma probated minerals where there were no other living relatives or heirs, come to find out there was a brother and sisters. I purchased some Divide County North Dakota minerals that were quiet titled and come to find out they left out heirs that were of record.
Sure Virginia, if it was a hundred acres, and you do not have the info you need, invest in a lawyer. I certainly would. As for being sued over my book, every politician knows that the only thing worse than bad publicity is no publicity.