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My mom inherited mineral rights in Oklahoma (67.5 mineral acres)

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Does she need to do...
My mom inherited mineral rights in Oklahoma (67.5 mineral acres) Does she need to do anything to get it in her name.

In addition, I have a copy of a lease with a company that was entered into on February 2, 2007. The lease term is 3 years from the primary date and as long thereafter as oil or gas or either of them, is produced from said land by the lessee. Does that mean that the lease is not expired as long as the company is still producing oil or gas even though it is after 3 years?

I want to call the company....is there anything else I should be aware of?..or any questions I should ask?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 1 minute by:
6/24/2010
Real Estate Lawyer: Dimitry Esquire, Attorney replied 8 years ago
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
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Thank you for your question.

When you said that you mom inherited the rights, were those rights put into her name, or somehow put into a rider on the deed?
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Customer reply replied 8 years ago

It is in the living trust of the deceased. There is a quit-claim deed assigning it to my mom.

Real Estate Lawyer: Dimitry Esquire, Attorney replied 8 years ago
Once the person is deceased, it is no longer a "living trust", but a testamentary trust. If a quit claim was created, then if it is also recorded in the county recorder's office, then that is sufficient.

The way the lease is worded, is that I suspect it automatically renews so long as the other parties continue to use the land for oil or gas mining. What you should do is request a copy of the contract from the company and review it carefully--make sure to see what the "renewal clause" states as that controls under what grounds they continue to lease the rights to the premises, and also controls under what right you can cancel the lease or renegotiate terms.

Good luck.

Edited by Dimitry Alexander Kaplun on 6/24/2010 at 7:40 AM EST
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