Thanks! This is in NM. Not all of the interests are still in John’s name. Some were transferred to Jane after the divorce and then some others were transferred during the probate of his estate. But there’s still a handful that are currently in John’s name in a few counties in NM.
I guess you would be a buyer if they want to sell?
In Oklahoma, the minerals remain in the name of the decedent with the land records. The heirs can receive the minerals in several ways:
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A probate is completed that disburses the minerals to the proper heirs. A probate can happen whether or not the decedent had a Will;
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If the minerals were in a trust, a deed is issued by the trustee to the beneficiaries;
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A quiet title action is filed that clears the title;
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If the minerals were subject to transfer on death deed, a timely affidavit if filed;
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In the case of a life estate or joint tenancy, an affidavit of death is filed; or
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An affidavit of heirship is filed and remains undisputed for 10 years.
There is a slight risk that a county may seek to escheat minerals.
Oklahoma’s escheat statutes, 84 O.S. 2001 & Supp.2007 §§ 271-277, provide that abandoned property may, under certain circumstances, be escheated to and vested in the State. Under these statutes, real and personal property is deemed abandoned when a person dies without having devised his or her property, dies without heirs, or fails to exercise ownership rights in or is absent from his or her property for the statutory period. However, this requires substantial work by the county attorney and appears to be seldom used.
Royalties paid to the unclaimed property division of the treasurer do not technically escheat to the State in Oklahoma. Escheat is when the state acquires title to property. In Oklahoma, the treasurer holds the property .
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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A certified copy of the divorce decree should be recorded in the counties where the property is still shown in John’s name. the preferable method would be an affidavit showing the legal description that has the divorce decree attached.
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Fortunately, the divorce decree is already filed in the county. I see existing QC deeds from John to Jane around the time of the divorce granting some of John’s mineral rights to Jane. I see additional QC deeds from John’s estate to Jane around the time of John’s death granting some more of John’s mineral rights to Jane. Those seem straightforward since it’s a QC transfer from John himself or his estate, but now I’m not sure what happens to the rights that are still in John’s name. Does Jane’s estate do a QC deed of the rights that are in John’s name to the heirs? That seems wrong to me since it seems like there needs to be an intermediate transfer from John to Jane or to Jane’s estate before Jane’s estate can transfer them to the heirs.
You need to consult with a NM oil and gas title attorney to be sure that you get the title transferred correctly. Otherwise it will be more costly for the heirs later.
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These mineral rights should remain to be property of the heirs, until the title is cleared, if this were in Texas. Heirs can be found if someone will work at it. Some people think that if there were 10 brothers and sisters in a family and 8 died, even if they had children, that the property or minerals would automatically go to the two remaining children. This is totally wrong. All of the original 10 children’s heirs and their heirs are the true owners in Texas. What you have is a “Gold Mine” and I would think of it as such. Heir’s can be found, don’t ever give up or give in or let someone beat you out of your interest! Most likely once you can define all the true heir’s it might work on all these different properties depending upon which state and counties or parishes they are in. Good LUCK!
Not a chance, Im old and not to be rude but I wouldnt waste my time on the costs to clear the title on “properties, that after income tax time divides down to almost nothing” as the poster said. You should make them an offer though.
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I think you got pretty good advice, at least at the time. A lot of the time “Affidavits of Heirship” may not be correct totally. A good true and correct “Affidavit of Heirship” might work in most all of the different properties. 68 deeds, even if it was only one net mineral acre per tract or deed would sure be worth it, at least to me and a lot of other’s. Good Luck and Don’t give in.
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