When is it time to get an attorney for owner of mineral rights?

It has been about a year since the representative for the oil company informed us about our inheritance of mineral rights. We decided not to sign the lease and 'not participate' after we found out that one of our wells was producing. For the past 6 months they have been dragging their feet, it seems, in getting us through probate. We have lost a lot of time, months of possible 18% penalty against the oil company because of this delay. Meanwhile I believe they are earning interest on our oil... any ideas, suggestions?

Consult an oil and gas attorney now.

To make things clear, they are your probate attorneys, right ? If you hired them you can fire them. My fathers probate took about 5 months, partly because the lawyer used mail for recording because there were interests in two counties, and the fact that 18 months ago the counties immediately recorded documents, but wouldn't mail them back for a month to 5 weeks. This is with me calling once a week to ask where we were in the process, why weren't we farther along, and is there anything I can do to help? My fathers estate was the minerals only, he didn't own a home and we haven't any idea what happened to his chattels. 6 months might not be overlong, but I'd certainly be asking questions, as I did in my own case. I think it's important that your lawyer scan and e-mail you his work as he makes progress, that way you know when he is doing nothing. If I needed a probate done today I would pick one of the eastern counties far from the oil patch. It may be customary to probate in the county where the property lies, but it isn't mandatory. Any county in the state will do, as long as you record everything, deeds and so forth in the appropriate county/s. Remember that the lawyers work for you, and I think they are at least as likely to slack off as day laborers if you aren't watching. If they haven't done anything drop them and find some in a quiet place as I described above. If you find they actually have done "something" it's up to you whether you can salvage them and their work and can use them further. Good luck, I'm glad I have what you are going through behind me.

John Steinberger

701-385-4760

Probate Atty., Minot, ND Around $1500.00

Tell him Tim Greenheck sent you and tell him he owes Tim a steak dinner for all the work he has sent his way.

Yours,
Wes Luke

Did he say North Dakota? We got oil down here in Texas and Oklahoma too! lol

On Mack's home page, his first stop was Bakken shale. I used my best guess.

Michael Hutchison said:

Did he say North Dakota? We got oil down here in Texas and Oklahoma too! lol

You got me on that R.W. I'll be quiet now!

Hi Joel,

I try to remember to address the person I'm replying to. I believe it is a requirement to run probate in ND if that's where your minerals are. Am I wrong?

Yours,

Wes Luke

Michael, I am certainly not above being questioned. I think we are both here for the same reason, to help others and learn something ourselves in the process. Please do not be quiet.

Michael Hutchison said:

You got me on that R.W. I'll be quiet now!