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The Roles are Flipped, You Need Information:

When you were young your parents found ways to protect and provide for you.  As your parents age they increasingly need your care.  You need answers including legal realities.  This article and the audio content describes the type of information you need to receive.  It also provides practical tips to create open communication.

Dynamics of Communicating with the “Silent Generation”

People born before 1946 are known as the “Silent Generation”.  Their world was shaped by the Great Depression, WWII, The Cold War and the Civil Rights Movement.  They are often described as less open with personal issues including health and finances.  They value simple concepts and rarely view themselves of wealthy regardless of their net worth.  “Waste not want not” means much to them.  Listen Here

 

There are times that an Oil and Gas Mineral Deed may not be currently accurate. This may be due to the change of the owner’s name or address. Or the owner died and the heirs are wanting to have the interest transferred to them. The name on filed mineral deed cannot be changed, so how can this be fixed? A supplemental filing can correct in inaccurate name or address.

In the case of updating owner name and/or address this can be done with a simple affidavit. A different process is needed when a mineral owner dies. Scroll down to the headline that most fits your situation.

This discussion is for State of Oklahoma. Similar modulations may be available in other states.

You are the Mineral Owner but your Name or Address Has Changed from the Deed

You may have trouble asserting your rights or receiving information if your former name or address is listed on a deed, court order or other document is no longer correct. This may occur because :

  • The address is wrong, you moved or moved or wish to use a Post Office Box
  • Your name changed because of a
    • Divorce
    • Marriage
    • Legal Name Change.

In addition to contacting any operators or parties paying royalties you may want to file an AFFIDAVIT AND NOTICE with the land records with the updated information.

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Why do I need to Make Sure My Information is Up-To-Date with County Records?

The County land records in Oklahoma are the only official location where oil companies, landmen, and others search to check title on property. If you are not listed there you might not receive notice of important issues that may affect your mineral rights. For instance, you may miss an opportunity to choose a higher royalty in a forced pooling.

What is Needed for the Affidavit?

The affidavit should have your current name and address. It should briefly explain why the item is being filed. The legal description where the minerals are located should be listed. Also if possible a reference to a previously filed document. Click here to request assistance.

Can I Search the Oklahoma County Records? Can I Search them Online?

You can also search most counties for records online. However, most counties provide a limited capability to search older documents. Online records search.

County records are open for inspection by the public at the County Courthouses. Contact the County Clerk’s office to determine their hours and limitations to access.

Begin your search here: County Clerk Information.

How do I Add or Remove Someone’s Name from a Mineral Deed

Adding Someone to a Mineral Deed

Often a mineral owner will want to change the deed or ownership by adding somebody else’s name to the title. If you are the owner of minerals and want to add an additional owner, you can do so by a simple quit claim deed. While the process is simple, the tax and other legal ramifications may make adding somebody else on a mineral deed ill-advised. There is often a better solution which protect you and avoids probate. There are simple documents that can be prepared to insure that your minerals pass to those you choose. Estate Planning for Mineral Interests

Removing Someone From a Deed:

If alive: That person would need need to sign a new deed that conveys their interest away. This can have adverse tax and other legal consequences.

If deceased: If the individual has died, an examination of the title will dictate whether and affidavit can resolve the issue or if a probate is necessary.

How to Change Name on a Oil and Gas Mineral Deed after the Death of Owner

If a mineral owner died a review review the title to determine whether he or she deeded the property into a trust or created a Transfer on Death Deed. If the deceased owned the property in joint tenancy or as a life estate. an affidavit and death certificate can resolve the title issue.

What If Mineral Owner Died, Is a Last Will Required to Probate?

No, if probate does not require that the owner had a Will. When there is no Will, the heirs inherit according to the intestacy statutes. For more information see Probate.

Are Mineral Interest Registries a Good Idea?

A private company that offers to register your minerals in their has no official sanction. While they may offer other services, those interested in your minerals will go the county clerk for those records. Many believe that registry services are a waste of money.

Why hire an Oklahoma Attorney to Prepare your Deed or Instrument?

Avoid mistakes with an Oklahoma Attorney prepared deed, mortgages, affidavits, transfer on death deeds and other documents prepared on a flat fee basis in Oklahoma.

Deeds to Revocable Trusts

Once a trust is created it must be funded. In the case of real estate this means that the person creating the trust transfers his or her real estate into a trust. Merely listing the property in the schedule of assets on a trust is not sufficient to accomplish funding. An actual deed must be prepared and filed in the county where the land is located. Trusts, if properly funding avoid probate.


Mineral Deeds and Mineral Deeds to Trusts

In Oklahoma minerals are considered to an interest in reals estate. To transfer minerals to another person or to a trust this is done by filing a deed with the legal description where the property is located. Many owners neglect to transfer their minerals into a trust.

Quit Claim Deed

A quick claim deed transfers all of the grantor’s interest in property to a grantee. However, the grantor does not provide any warranty to title to the property. If it turns out that the person had no title there is usually little restitution for the grantee. These are typically used in family gifting situations.

Warranty Deed

A person issuing Warranty Deed represent that he or she is owns the property free and clear of liens, claims mortgages, etc. Also that he or she has full power to convey the property and will defend the title thereto against all persons who may lawfully claim the same, and the covenants and warranty shall be obligatory and binding upon any such grantor, his heirs and personal representatives as if written at length in such deed.

Joint Tenancy Deed

This is a deed to two or more individuals for the same piece of land. Once the first dies the survivor files an affidavit of surviving joint tenant and take the property free of the deceased person’s claims. It also does not pass through the deceased person’s estate. Once the survivor dies, then it is subject to probate unless some estate planning has been accomplished. This is generally a very poor substitute for estate planning. See more information. Click Here for Help.

Affidavit of Surviving Joint Tenant

Once an person with title to the joint tenancy property dies, the survivor can file an affidavit of surviving joint tenant. This is a document that has certain information about the property, the date the original deed was filed, and the date of death of the decedent. An official death certificate is attached. Once this is filed, the deceased owner’s interest is removed. Click Here for Help.

Transfer on Death Deeds and Mineral Transfer on Death Deeds

The owner of real estate executes a Transfer on Death Deed and files it in the county where the property is located. When the owner dies the beneficiary files a Transfer on Death Affidavit and receives the same title that the previous owner had. There are drawbacks to this estate planning method. While it avoids probate there may be unintended consequences. When used property this avoids probate. Click to start form.

Transfer on Death Beneficiary Affidavit

If the beneficiary does not file the property paperwork within 9 months of the owner’s death, the property becomes part of the owner’s estate and subject to probate. The form includes the facts about the original filing of the Transfer on Death Deed along with facts and official records about the previous owner’s death. Click Here for Help.

Is Deed Preparation by an Out-of-State Attorney the Unauthorized Practice of Law in Oklahoma?

In Oklahoma the preparation of a deed for a lay person is considered practice of law. See Samara, 1986 OK 55 at ¶ 9. “Activities that constitute the unauthorized practice of law if performed by suspended or disbarred attorneys include assisting lay-persons in preparing pleadings;4 giving legal advice to lay-persons; writing contracts or selecting and filling out proper deed forms for lay-persons.” This appears to apply to attorneys and not individuals or companies who are parties to the transaction. Generally it is best for out-of-state attorneys to avoid the risk by retaining an Oklahoma licensed attorney to prepare real estate deeds for Oklahoma property.

Oklahoma Counties Served

Adair
Alfalfa
Atoka
Beaver
Beckham
Blaine
Bryan
Caddo
Canadian
Carter
Cherokee
Choctaw
Cimarron
Cleveland
Coal
Comanche
Cotton
Craig
Creek
Custer
Delaware
Dewey
Ellis
Garfield
Garvin
Grady

Grant
Greer
Harmon
Harper
Haskell
Hughes
Jackson
Jefferson
Johnston
Kay
Kingfisher
Kiowa
Latimer
Le Flore
Lincoln
Logan
Love
McClain
McCurtain
McIntosh
Major
Marshall
Mayes
Murray
Muskogee
Noble

Nowata
Okfuskee
Oklahoma
Okmulgee
Osage
Ottawa
Pawnee
Payne
Pittsburg
Pontotoc
Pottawatomie
Pushmataha
Roger Mills
Rogers
Seminole
Sequoyah
Stephens
Texas
Tillman
Tulsa
Wagoner
Washington
Washita
Woods
Woodward

Click Here to Research Oklahoma Land Records

Limited scope representation:
1. Quality of Legal Work: We guarantee you will receive competent legal services based upon settled legal issues and standards of professionalism, and the highest ethical standards. We cannot guarantee any specific results.

  1. Limited representation. The representation is limited to providing you with certain legal forms, instructions on how to complete them, instructions regarding witnesses where necessary and what to do after signing. This does agreement does not contemplate comprehensive estate planning, tax, real estate,

3 Forms provided: You understand that creation of forms is one step and that forms must be signed. In some cases they also must be signed before a witness and/or a notary public. Witness and notary services are not provided unless a separate agreement is reached. We are also not responsible to determine whether you printed or executed the form.

  1. Conflict of Interest: The firm may withdraw from representation at any time if it believes that a conflict of interest exists. If you know of any conflict of interest during the course of our representation of you, please notify us promptly to discuss the need, if any, for independent counsel. You hereby specifically waive any and all conflicts of interests which you know of but do not disclose. You have asked me to assist you both in planning your estate and in preparing the necessary estate planning documents. Although it is customary for a married or domestic couple to employ the same attorney to assist them in such matters, the Rules of Professional Conduct of the State Bar of Oklahma require me to inform you in writing of the following potential conflicts of interest:
  2.    A married may have conflicting interests concerning their property. If, as you request, I act as the attorney for both of you for your estate planning, I must try to balance all factors and cannot, therefore, act as an advocate for either of you. This balancing could end up favoring one of you to the detriment of the other.
    
  3.    To complete your estate planning, I must necessarily obtain confidential information from each of you. However, as between the two of you, I cannot keep that information confidential since I am representing both of you. Of course, anything either of you discuss with me is privileged from disclosure to third parties.
    
  4.    I may make recommendations which could affect each of your interest in your assets both during your lifetimes, after the first death and after the death of the survivor. These determinations could potentially affect income, property division and support provisions in the event of divorce.
    

Based on the foregoing, you must decide whether or not you want me to represent both of you in your estate planning. You are each, of course, welcome to have your own counsel for any part or all of the matters in which I would be acting; in addition, either of you may, at any time, forbid me from being involved in any way on behalf of the other.

  1. Process for Handling Disputes: You have the right to terminate our services at any time by notifying us in writing. You will be responsible to pay our fees for services performed through the date we receive such notice. If any dispute arises as to fees, costs or performance that we cannot resolve between us, the dispute shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of the American Arbitration Association. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. You and we agree these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive the right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
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