Question: our mother, now deceased has mineral rights in Oliver County. She filed a Statement of Clain, in 1985. We, brothers and sisters have not filed a claim for them or put them into our name. Can we file a Statement of Claim for them and if so do we need to first put them into our names. Is a trust better when several people are involved. Would we normally need an attorney to do this. Also not sure if the mineral rights were specifically stated her will…any suggestions. Thankyou in advance…lots of info I know! John Lynch
Not giving legal advice here, but the first thing I would do is check the will. You cannot claim them if they are not yours to claim. North Dakota does have a statute regarding the claim of mineral rights. Supposed to be done every 20 years, so you had better get to it. Last time I did it, I referenced Chapter 38-18.1 of the North Dakota Century Code. I used a form similar to the attached document. The counties were very particular about the margins and place for the stamp. Suggest you call the county clerk in Oliver County and get an updated version. They can also tell you what it will cost. Depending upon the will, each of you may need to file for your own portion. Talking to an attorney might be advisable. STATEMENT OF CLAIM OF MINERAL INTEREST.docx (12.4 KB)
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