My mother found in her files a 1997 lease agreement (now expired) with Empire Oil for mineral rights at the following locations:
McLean County
Township 149 North, Range 86 West, 5th PM
7: NE, E2NW
8: NW
Ward County
Township 151 North, Range 84 West, 5th PM
17: W2NE
21: N2
The lease shows that the rights were passed to my father (now deceased), by his father, through his wife, from her father (or brother? -- I'm not sure -- all of these also now deceased). We do not have the original deed or other information about the rights, or what happened after the Empire Oil lease expired. Also none of those deaths have been probated and occurred in North Dakota, Minnesota, and Arizona. How can I find out more about the rights, and is probate needed?
Advice welcome.
To make a long story short at this point, and because the clock is ticking, have your mother fill-out and file a claim for the mineral rights. The is form downloadable from the register in Ward and McLean counties. It must be notarized and a small filling fee paid. That should at least give you some time to sort out all the facts.
Rick
Stewart,
You should follow Richard Radke's advice and file the mineral rights claim. It is proof that your mother doesn't intend to abandon the mineral rights. Use the legals you posted and list your mother as the heir to the rights of her husband, deceased. If your mother is elderly and you are taking care of her affairs, use your address.
The minerals are not worth much right now and won't be in the next 20 years but I think they are worth the effort and expense of filing. Keep all of the documents showing the chain of title in a safe place and encourage your mother to avoid spitting up the minerals she may control.
The primary idea of the filing is to put the public on notice that the minerals have not been abandoned and for the public to find the legitimate owner now that her husband has passed. The 1997 lease established that for the term of the lease. You just need to keep it up. Keep copies of marriage licenses, birth certificates, etc in a fail with the estate probates you have. Hope you will need a probate in ND in the future but it may not be worth the expense at this point.
Gary L Hutchinson
Minerals Managemtnt
Mr. Stewart, if several probates are needed in the future as all would have to be done before you had marketable title, a costly and time consuming enterprise, I would suggest that when you need good title that you instead should do a quiet title action that would handle all aspects in your broken chain of title and leave you with marketable title after having performed only one court action. I would not perform the quiet title action until you have good indication that production is imminent. The statements of claim will keep your claim alive until then.
My mother was my father’s first wife; his second marriage also ended in divorce. So among 2 ex-wives and 5 children of my deceased father, who should file the claim?
If your mother got the minerals in the divorce decree go for it. If not find something fun to do with your time.
GLH
S. A. Stewart said:
My mother was my father's first wife; his second marriage also ended in divorce. So among 2 ex-wives and 5 children of my deceased father, who should file the claim?
Ouch! That was a bit cold Gary, but right on and brought some smiles too. I'd spend the 20 bucks and go for it because you never know. Better bet than lottery tickets.
Gary L. Hutchinson said:
If your mother got the minerals in the divorce decree go for it. If not find something fun to do with your time.
GLH
S. A. Stewart said:
My mother was my father's first wife; his second marriage also ended in divorce. So among 2 ex-wives and 5 children of my deceased father, who should file the claim?