Hello, I have a big question that I need information about. I own mineral rights in McClain County OK. My parents owned these rights in several locations in McClain and Grady counties. My dad passed away in 2008 and my mother passed in 2011. My parents had a will and trust created in Calif. as they lived most of their adult lives in Calif. Apparently they owned these mineral right for years and received very little money from them throughout the years. This particular section NW/4 of the NW/4 of Section 28 township 9 North-Range 4 West of the Indian Meridian was leased to Native Exploration through the landman Rock Creek Land and Energy in 2018 for three years. My parents never included these mineral sections in their will or trust, I believe that they completely forgot about them at the time of trust creation. I have now received a petition for Determination of Heirship, Termination of Joint Tenancy and Quiet Title of this section. Myself and my three siblings have been leasing and selling these rights since 2018. The petition refers to Oklahoma statues 84 213(B)(1)© and (2) (a) and mentions mesne conveyances. My question is: how do I respond to the petition and can I do it myself or do I need an attorney? I do not live in Oklahoma and have no legal knowledge of how to proceed. I am a Calif. resident and not sure where to start this process. I have approximately 5 weeks to prepare a response for the court or the petition will be granted. I thank you all in advance for any and all information you can provide me. Pat Soward
This is not a DIY project. You need to consult with an experienced probate attorney in Oklahoma who is in a firm with an experienced trial attorney who can review the petition, the wills and the trust. Was ancillary probate done in Oklahoma with respect to the wills?
I spoke with the attorney who is bringing the petition for the oil companies. My brother sold his rights last Nov. to an outfit called “Family Tree”. The attorney assures me this action is only to clear the title legally so that Family Tree can get their 1/6 share in their name. I also informed him that their had been a will and trust in Calif., something he knew nothing about. He said the fact that a will/trust existing in Calif. will probably cease this petition and they may have to start over. He told me this absolutely would not effect the remaining siblings rights. Should I believe him? Can attorneys lie to the opposing parties? Thanks to all for your responses.
I cannot know whether or not this attorney is telling you the truth. My prior advice remains the same—hire your own attorney to protect your interests.
I would also recommend you find a qualified attorney and in a timely manner. You have to answer that petition within a specific time frame and you don’t want to miss it.
General legal concepts can be provided in this forum but this is not the place to receive specific legal advice for many reasons. With ongoing litigation you messages here could be used in court, especially if the contain admissions against your interest.
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