We have some mineral rights in Williams county North Dakota.
This was inherited from my grandfather (passed away in 1983).
We leased our mineral rights to TRZ in 2010. About 5 months ago Continental Resources Inc. drilled and a few days ago I received Division Orders and a list of requirements that they are saying I need to complete.
They are saying that I need to probate my grandfathers will in ND, he passed away in California. I have contacted an attorney that was recommended by the agent landman working for Diammond Resources...they said I will need to probate my grandfather, his wife my grandmother, and my fathers wills before I can get paid. All this will cost me about $6,000 payable by credit card!
I just don't understand this!
We signed a lease and they determined ownership of the mineral rights and they paid us the lease check 2 years ago. Isn't that sufficient to pay the royalties?! I have gone over our lease and nothing says I will need to probate anything. It only says they will pay 20% royalties.
If in fact I need to probate, do I need to probate ALL the wills?
I'm new to these complicated issues also, and by chance dealing with the same situation, wills probated in IL, rights located in CO. As I understand what I've read on other posts the lease you signed was/is based on you being an "apparent heir", thus you most likely got some payment from the oil firm, the probate action opens the estate(s) in ND, thus providing the vehicle for the deed and title to be in your name and then legally recorded. I would search the forums for subject lines that relate to your situation, I read for 8 months before making my 1st post and learned an awful lot. Actually a lot more than I think I wanted to. As for using an agency or person who has a relationship to the firms you are dealing with I would be careful, I hope I don't offend professionals with this comment. Lastly, I would look into having a trust set up at the same time as long as the attorney is involved. I've seen the comment "don't ever sell your OGM rights because they are yours forever".
Any professionals please correct me as needed.
Best of luck in this journey, John (A bottle of Bayer also helps out)
Lynne, your situation is very commom. ND does not accept probates from other states. I agree with John Davids assessment. I would get my own lawyer, pick one in an eastern ND county because you can probate in any county in the state and they may be less busy, do the work for less money and get it done faster. I have heard of one person who was attempting a passover probate, combining the probate proceedings but I don't know how it worked out for them but it should be allright because the end result is the deed in their name. In case you are wondering, there is no trust account, there is just the amount you are owed in a ledger and Continental will be putting your money to use interest free until you have completed the action to get the minerals title in your name. There are probably thousands of people in your same situation, royalty held up for lack of a probate.
I have two clients with minerals in Williams Co ND that are going through a similar situation.
One lives in Michigan, one in Oregon. They have contracted with Myles Conway, an attorney with Schwabe, Williamson and Wyatt in Bend Oregon.(541-749-4019) He has hired a North Dakota attorney to probate for the clients. I'm guessing that a lawyer with a prestigious law firm may have a little more influence with the system up there than we common folk. I hope so anyway. As Mr. Kennedy indicates, we just have to deal with the situation.
"Friend" me if you want a direct introduction to Myles.
Lynn, it is my understanding that you could probate in any county in the state of ND, although it is customary to probate in the county in which the property exists. The more active the county court the longer it will take to do the probate. The big holdup is probably going to be the recorders office as it can take a couple of months to get something recorded and the original returned. Two years ago, probating my fathers estate in Mckenzie county and having to record in McKenzie and Dunn county it took about 5 weeks each county for the documents to be return mailed by the counties after recording for a total of about 20 weeks just for the recording and to have documents back. I hope things go faster for you.
Having been in both construction and management of projects, not oil related, it never hurts to speak with one or two individuals in the recorders office, general questions can provide insight and move things along. They won't, and shouldn't, say much about people or process' but by the tone of voice you can always find a good egg, and sometimes a friend. I have and it has directed me in very helpful ways. Best of luck in your adventure, the satisfaction of learning, and the expertise from this site.
Hi Lynn, i can direct you to a good and fair lawyer in Bismarck, that can handle this for you, or least visit with them. we have Land and mineral rights in three ND counties separated by 400 plus miles, i had restless G,G. Grandparents back in the early 1900's, so stuff was scattered all over. contact me privately and i can give the info.
We had no problems at all with the probate process!
Seems silly to hire a law firm in some far fetched place like Oregon so they can hire another attorney, sounds like you'd then be paying 2 attorneys, can't see how that would be wise. It also seems silly to pay for and do so many probates when you can just do one quiet title suit, and pay just 1 attorney. Taking advice to never sell doesn't sound too logical especially when they have no clue what's going or are no where near qualified to make such a remark, just makes no sense either but I see most everyone make such comments, I know several mineral owners in Mercer, Eastern Dunn and Eastern Mountrail that listened to people like that and went from making millions had they'd sold some to having worthless minerals, but....... they get to keep them forever, that should make them feel really good, warm and fuzzy at night. There is No one answer that fits all.
Thank you for picking on the fact that I'm not a professional. "There is no one answer that fits all", is correct and I live by that, especially in construction. This industry is a gamble, without the Sharp-Hughes bit where would we be, then induced fracturing and now horizontal slickwater fracturing, who knows what could be found under old rights in the future. In my humble opinion, people need to listen to others, but are responsible for their own decisions.
If your referring to me and my comments when you say someone is picking on you not being a professional, nothing I said referred to or about you yourself, It was only those comments others made that you spoke about, I was referring to them. It was not directed to you.
My darn fat fingers got in the way, once again. Even though I proof read every thing twice I missed "on", it should have said "....... picking up on the fact that I'm not a professional". I certainly am not! I apologize to you and others who read the posts.
Best Regards, John
Mineral Joe said:
Mr. Davids,
If your referring to me and my comments when you say someone is picking on you not being a professional, nothing I said referred to or about you yourself, It was only those comments others made that you spoke about, I was referring to them. It was not directed to you.
I just did a quiet title suit in Divide County North Dakota for same reasons as you have, there were too many to probate with issues of dealing with several separate probates, and it was cheaper.
I know it has been a view years since this was posted, hopefully the issue is still current.
My husband’s father died intestate, as a deeded heir to 28% of the family farm. (The land was divided in 4 uneven parcels) My husband’s mother and 3 brothers also died leaving “No Will” (only one had children) My question is this: could the Pennsylvania Code; “Quiet title actions” work in this case?
My husband and the heirs for 1 brother have agreed to do whatever it takes, to allow payments to be distributed correctly and legally. (My wording is loose because I don’t want to incorrectly label our intentions.)
My husband is collaborating with one of the other “original heirs”, and together we control more than 50% of the property. I don’t have proof of the probate status of the remaining 48%, but I have been told it is not an issues. We don’t have the money for probate and we too have been told that, His Father, Mother and his 3 brothers estates will all have to be probated in PA & NJ.