Mom wishes to split her portion of mineral rights on 640 acres in 2 adjacent sections. We have operating wells from Continental Resources, Murex and Sampson. Her share is 28.3 acres along with the boatload of other relatives that have the balance. Mom thinks that we only need to prepare two new mineral deeds to replace hers and send them to the Williams County Recorders office. I did call the office and they told me that they do not keep track of mineral ownership but they would be happy to record the deeds. Are we on the right track and can it be that easy? I would also like to have the name of a reputable attorney in Williams County that could help us accomplish this. Any comments or help would be gratefully accepted.
Kris
Mom is right except that (1) any Mineral Deeds filed would not REPLACE hers, it would COMPLEMENT hers as an extension of the mineral "chain of title," basically the list of conveyances from one mineral owner to another throughout time since the Patent was created, and (2) she could do the mineral conveyance with ONE Mineral Deed, not multiple ones. But yes, it is not difficult, and you ARE on the right track.
I would advise that, especially for a situation such as this, where Mom owns 28.3 undivided acres out of the entire 640 acres, that she not mention the exact acreage amount that she believes she owns (28.3 acres) but instead convey "any and all interest that I might own in and to" and then describe the 640 acres (or, if she wants to convey to more than one person, convey "any and all interest that I might own in and to" the 640 acres "to the following persons and in the following percentages, respectively," and then mention each person and each percentage of her 100% that she wants them to have). A halfway decent real-estate attorney will understand all thise and know how to draft the Mineral Deed for you with the proper wording. Good luck!
Pete - thanks so much for your input. As it turns out I must have found the right attorney with the help of folks on the forum because he said the same thing you did and I got straightened out! All is good. The signed quit claim deed is being sent to the recorders office tomorrow. Thanks again! Kris
Ask the lawyer for a Mineral Deed with a warranty clause included instead of the Quitclaim Deed. Either one would suffice to get the minerals into whoever Mom wants to have them, but down the road if whoever those persons were wanted to sell their portion of Mom's minerals, from a title perspective, meaning from the perspective of making a potential Buyer comfortable that they own the minerals a Mineral Deed with a warranty clause is definitely better.
Kris,
Can you please let me know how you liked your lawyer & did
he get the job done for you. Was he knowledgeable in the field of
mineral rights and was he a reasonable price.
I would appreciate any information you can share with me..Thank You for your help... Eileen