Need Legal advice, summons by Huston Energy Corp

I feel like Huston Energy is stealing my mineral rights On October 29, 2019, I was contacted by Houston Energy Corporation. They offered to purchase my mineral rights in Seminole NW/4 SE/4 S26-8N-5E. Up til that date, I was totally unaware of owning these mineral rights, which apparently I don’t quite own. ? I have always been told not to sell your mineral right. I was only given 20 days to respond, so I did not have time to investigate it. The original letter did mention that the interest was in the name of my grandparents. In order to gain marketable title in the interest, a probate would need to be done in Oklahoma. Houston would pay all costs associated with the proceedings for those who chose to sell to them. I was one that did not sell .

Now I received a certified letter dated Jan 7 2010. I was told I have 20 days to respond to the summons and if I don’t, the at that time the mineral rights will be come Huston Energy’s. All of the paperwork inside the certified letter was dated December 10, 2019. So a month passed before it was sent to me.

Any advice, help or whatever would be appreciated. It is just under 2 acres. Why are they so intent on getting these rights. I currently live in Colorado, finding a local Oil and Gas lawyer that could advise me on Oklahoma laws may not be possible.

Thanks to anyone who can help. Jolene K Cowan

Jolene,

As a general rule you cannot lose your mineral rights. However, if you received a summons you may be being getting sued. If you don’t respond within a specific timeframe you could lose your mineral rights by default by not responding. Is there a case number? It is true that in Oklahoma you would need a probate for marketable title. That is very common.

Is there a case number at the top of your paperwork? What were the names of your grandparents? Reach Energy has filed for an increased density to drill in the SE4 of 26-8N-5E. Does it say that they are suing you or does it have the word Pooling at the top? A pooling requires 20 days in which to respond.

There are some attorneys listed in the Directories tab at the top of the page.

Yes, they are suing me for less than 2 acres. I guess I do not understand what “probate for marketable title” means and how I am supposed to respond. I guess an attorney must do that for me. I can’t believe I am having to be out $$$ for something I didn’t even know about 4 months ago and have to pay to prove it is mine??? I have also inherited mineral right in Texas and did not have to jump through any hoops.

I Will check the directory for the list of attorneys and will be contacting someone very soon for both Oklahoma and Texas where I also have mineral rights. Thanks you very much, Jolene Cowan

No. CV-2019-00081, Filed: 12/10/2019 (Civil Misc.: QUIET TITLE)

There should be Attorney in Seminole or Holdenville that could help you. This may help clean up your title.

Yes, there is a case number and my grandparents names are on it. The Huston Energy company knows that I am the heir to the mineral rights , so it has something to do with probate after my grandparents died. I spoke to the them when they were trying to buy my rights. They know all the heirs, so I guess I have to prove that I am an heir in court. I am gathering birth, death and marriage records. I just hope I don’t have to go to Oklahoma and hope this can be handled through an attorney… This is going to cost me more than they offer for my mineral rights. I can supply more info, not sure if you were actually asking for that information or just asking for me to clarify.

Good idea to get legal help to straighten it out.

The petition in the case you listed is seeking to quiet title as follows:

If you believe that your are entitled to more than that share you should file an answer. I haven’t done the math. Also the Relief Requested is troubling:

This seems to disagree with paragraph 22. Probably worth insuring that your property interest is correctly stated in the final order.

Jolene- I concur with Mr. Winblad. Huston purchased the interests of Jimmie Lou Kimmel, Debra Ann Moore & Arthur Lee Moore, including any funds held in suspense. Greg Hall Oil & Gas drilled & completed the Fowler #1-26 well in October, 2019. You should contact them and let them know you are claiming an interest in the minerals under this well. You can reach them at 2940 NW 156th Street, Edmond, OK 73013 or phone 4052852588. And yes, I concur with M. Barnes that you should obtain counsel for representation in the quiet title case to preserve your rights to your minerals. Just because Huston made you an offer, doesn’t mean that is the value of the minerals. They didn’t offer that amount to lose money off of their purchases. Good Luck.

Something else I just ran across, but will have to get the legal filed document. The will my father grandfather left excluded Bernice so a portion should not have gone to her heirs. Since I did not sell my mineral rights, is this worth fighting for? It’s probably going to cost a lot more than what they offered me for my rights. I have the resources I just wonder in your oppinion if it’s worth it.

They are not wanting to take your interest. Huston is simply clearing the title to what they purchased and willing to spend money to do it. Their offer is not what the minerals are worth.

Richard I am not sure I understand the division that you posted and is in my documentation. I was told that my grandparents had mineral rights to 10 acres. I believe that to be true. I definitely need to question Bernice‘s (Her heirs) interest because she was excluded in my grandfather’s will. He was married to Ida Mae divorced her and remarried Bernice, so a portion of my inheritance comes from Ida Mae and another portion from TA. I appreciate the heads up, and I will look through the directory of professionals included on this forum.

Your grandfather’s Will needs to be Probated in the State of Oklahoma. As Todd stated, Huston clearing up their title to interest acquired and will not take yours but again check with local Attorney in Holdenville or Seminole, Oklahoma;

Thanks, I feel a little better about the lawsuit.

oupack. His will is filed in Lubbock, Texas. I will try to get a copy of it. My cousin (sold his rights) has a copy of a will that is signed and witnessed, but not dated or notarized. The will in hand exclued Bernice.

Not an attorney but Texas Wills are not recognized in Oklahoma, however if valid, it can be Probated here in Oklahoma.

The division break down has Hudson Energy 40/72 Bernice 12/72, me 10/72 and my sister 10/72 Is it worth fighting for the 12/72 to be divided by 5 heirs— 2 that retained our rights and 3 that sold theirs?

Thanks again.
That answered one of my questions about if the will has to be probated in OK.

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