I have 1/2 interest in some minerals in Oklahoma covered by a recorded Mineral Deed. The other 1/2 interest is owned by two parties that are equal owners on a recorded Trustee's Deed, which is also record in Oklahoma.
I am thinking that the 1/2 interest I do not own, should be recorded with Mineral Deeds of 1/4 interest for each party, in place of joint ownership on a Trustee's Deed.
Does this make any sense?
Does a "Trustee's Deed" mean it is owned by a Trust with the trustees named?
A Trustee's Deed means it WAS owned by a Trust by now is owned by somebody else. A Trustee's Deed conveys title just as properly as a Mineral Deed, assuming it is worded correctly. Why do you think that the other 1/2 interest "should be recorded" using the exact same instrument as your interest. And, not trying to be offensive, but why does it matter to you? It's not your interest.
I am the beneficiary of one of the quarter interests and I would like to by the other quarter interest.
I do not want to go through all the aggravation to clean up a mess that should never have happend.
My 1/2 interest came from a trust, but the mineral rights where signed over to me by the Trustee, which happened to be a bank. Very clean, a couple of signatures and we where done.
OK, so you obtained 1/2 interest from the Mineral Deed and, apparently, inherited another 1/4 interest from one of the two owners of the other 1/2 interest. Was the Will from which you inherited the additional 1/4 interest filed in Probate Court? If not, then I have to tell you that, from my personal experience, most of my clients would not consider that you were the current owner because there is nothing in the public record to say so, either a Probate or an Affidavit of Heirship.
I don't think you need to do anything except file the Will for Probate or file an Affidavit of Heirship for the Decedent, showing how you are entitled to the 1/4 interest through your state's laws of descent and distribution, and then if you can buy the remaining 1/4 interest use a Mineral Deed on that. If you can do all that, you should have good title to 100% fee simple interest.
Pete,
I misstated the 1/4 interest inheritance. I have not inherited the 1/4 interest at this time. What you said sounds simple enough, file in Oklahoma, Carter Co Probate Court and then record it at the county courthouse.