Permalink Reply by Skip Peel - Mineral Consultant on November 21, 2011 at 14:03 Was you mother and grandmother's wills probated? Do you have a copy of the grandmother's lease? If the lease is in force they will ask you to "ratify it". It is your responsibility to take whatever action is required to construct a clear chain of title from your grandmother to you. Sometimes the lessee will assist but they are not required to do so. They can place any royalty for acres with a clouded title in a suspense account. Yes, by all means get an O&G attorney to help you. You may be able to do much of the work at their direction. I suggest you get busy as time is the enemy when trying to "cure" a mineral title. Lessees are only liable for three years back royalties.
Permalink Reply by Ken Boone on November 21, 2011 at 14:15 Do I also need to contact a probate lawyer too, to see of a judgement of posession has been done?
Permalink Reply by Ken Boone on November 21, 2011 at 14:18 I am not sure if my grandmother had a will or not. I was told she didn't but can't say for sure. No, I do not have a copy of the lease.
Permalink Reply by Skip Peel - Mineral Consultant on November 21, 2011 at 14:29 Can you do your own research in the parish clerk of court records? If so, find your grandmother's lease and make a copy. While there search in her name for a judgment of possession or succession. If you can acquire copies of the conveyance documents it will be easier for an attorney to give you an idea of time and cost.
Permalink Reply by Ken Boone on November 21, 2011 at 14:31 Will they mail documents, because I live out of state?
And thank you.
Permalink Reply by Skip Peel - Mineral Consultant on November 21, 2011 at 15:11 Yes. Clerks of Court will mail copies of documents for a fee. I suggest you get a "certified" copy of the pertinent documents. You must be specific as what you are needing. Type of document (deed, donation, judgement of possession, Oil & Gas lease, etc.), Grantor name (the individual giving, your grandmother for example), Grantee name(s) (the individual(s) receiving, your mother and her siblings for example), approximate dates (the year is best if you know it but a small range say, 1950 to 1952, may be acceptable), etc.
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AboutAs exciting as this is, we know that we have a responsibility to do this thing correctly. After all, we want the farm to remain a place where the family can gather for another 80 years and beyond. This site was born out of these desires. Before we started this site, googling "shale' brought up little information. Certainly nothing that was useful as we negotiated a lease. Read More |
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