QUESTION: I am not even sure where to start with this but my boyfriend was left some mineral rights in a trust from his grandmother when she passed away in Oklahoma. The mineral rights are located in Pontatoc County and Rogers county. The trust was put in her and his name and states that if anything happened to her, he would be next. I have talked to a few different lawyers to see what all he needed to do. The one that typed up everything for his grandmother first told him that he just had to bring an id, and 200$ and he could get it switched over. He called back on a later date to see if there was absolutely anything else he needed to do and the attorney told him just 400$ and then stated that he needed to talk to the mother first so no one would get sued. Though the mother isn't mentioned in the trust and clearly stated in the will that she was to receive nothing. (They didn't get along) I'm trying to help him get everything done or at least started with what he needs to do in all aspects. I'm not sure if you can help with all my questions but figured you could help get him directed in the right direction. I have called the counties that he has the deed too and they can pull it up and see that the mineral rights are in his name and his grandmother's name. He wants to know if there is anything he needs to do as far as getting them in his own name or if he needs to and if he should do that before even thinking about seeing if someone could do anything like drill, for the mineral rights are non producing. All of this Trust stuff was done in Pontatoc County Oklahoma. I hope you can help shed a little true light and thank you so much!
ANSWER: You say there was a "trust" and your boyfriend is a beneficiary. That means the grandmother signed a trust agreement to create the trust, signed a Deed to deed her mineral rights into the trust, and there is a Trustee who is in charge of the Trust.
You need to contact the Trustee of the Trust and ask that the Trustee sign a Deed to convey the land from the Trust to your boyfriend and get it recorded in the Pontatoc County and Rogers County courthouses.
If the terms of the Trust do not allow the Trustee to convey the property directly to the beneficiary at this time, the Trustee will tell you that. But, the terms of the Trust would be such that your boyfriend would be entitled to receive payments (called "distributions") of income from the Trust, as beneficiary. Contacting the Trustee and discussing what is required by the term of the Trust should solve the problem. Good luck, and Happy Holidays.
---------- FOLLOW-UP ----------
QUESTION: Thank you for the information! We spoke with an attorney yesterday and everything is set, we are just getting it switched to his name and it will be done. Where would we even begin to see if someone wanted to drill on them or if it would even be worth trying? I have no idea where to even start!
There's not really a way to talk an oil company into drilling on your land. The process starts the other way around: a geologist decides (based on education and experience) if there is potentially any oil or gas under your land, based on what known formations exist beneath the surface of it that could hold oil or gas in large enough quantities to make it worth the capital investment of an oil company to drill and produce it.
However, getting the mineral rights into your boyfriend's name by filing the conveyance document into the public deed records into Pontatoc and Rogers Counties is a huge first step. That allows a landman to go to the county deed records to find out that your boyfriend owns mineral rights in that land and can sign a lease, if a geologist decides that a company should drill a well on or near your boyfriend's land.
You might also try joining www.mineralrightsforum.com and joining the Pontatoc and Rogers County forums. There, you can communicate with other mineral rights owners in those counties and find out what leasing and drilling activities have been going on. Good luck, and Happy Holidays.