My grandfather owned mineral rights for property in Creek county. He had an undivided 1/2 interest in 30 acres in Creek County purchased February, 1952. He passed away and there was a probate estate opened. His personal property and home were handled through the probate estate divided 1/2 each to his two sons, my father and my uncle. The mineral rights were not specifically mentioned.
Companies have contacted my uncle and father to lease the land which my father did. I have all documents from his probate estate and the recorder's office. I feel like to have clear title we need to do an Affidavit of Heirship to be recorded with the Recorder's Office to show transfer from my grandfather to my dad and uncle - is that how it works in Oklahoma?
Next question - my uncle has now passed and his two sons have been approached to lease - which they aren't going to do. He predeceased his wife and no estate was opened. My aunt is now deceased too. Do we also need an affidavit of heirship for my uncle to my cousins?
My cousins and my father now want to transfer their interests to myself and my two sisters. What kind of deed do we need and are there forms someplace? Would it be a better idea to put the mineral rights in a trust or an LLC with my sisters?
thanks in advance for any input any of you have. We hired an attorney in Skiatook to help us, but after many many months and phone calls we received a bill for $800 mentioning an Affidavit that had been drafted. When I called to get a copy of what they had done and ask why the bill was double what they said it would be - the assistant couldn't find it on the computer and about a week later I got a letter saying we didn't have to pay the bill and they couldn't help us with this matter. I work for an attorney in Missouri and was pretty shocked at how unprofessional they were. So, I'm reaching out to this form to "help me help myself."
Sandy "Shehi" Stone