UPDATE - Probate of Viola's Mineral Rights

[Kurt A Kleinstick]

Concerning the matter of probating the mineral rights of Viola – this is currently (as of yesterday) in the process of being dealt with & cleared up

 

On Saturday (01/06/2018) I received paper work from the law firm that Arkoma Bakken has hired in North Dakota to do the probate of Viola’s mineral rights

 

This is per the agreement (Purchase & Sales Agreement) I have signed with Arkoma Bakken wherein I agreed to “give up” any royalties (to Arkoma Bakken) that maybe (&/or have been) held in suspense (not paid) by company(s) pumping oil under lease(s) --- (such as Continental) --- because they (Arkoma Bakken) are going to cover the cost of probate – rather then me having to pay for it out of my pocket

 

To be clear here – the royalties I speak of are associated “only” to my moms interest   

 

So – yesterday I filled out the papers & sent them back to the law firm I received them from

 

What the paper work I received is ? --- it is – Application for Formal Probate of Will (Estate of Viola A. Hanson) and Appointment of Personal Representative --- with me being requested as the PR

 

To clarify; - my being appointed as PR for Viola gives me NO right/control/authority over the assets of the estate in & of them selves  --- in other words – to put it simply – I get to sign papers in order to close the matter of Viola’s un-probated mineral rights --- here are the exact words in the paper work --------

 

The Personal Representative “has no right to possess estate assets” as provided in Section 30.1-18-09 beyond that necessary to confirm title to the assets in the successor(s)to the estate, and claims other then expenses of administration “may not” be presented against the estate

 

All family members related to Viola that stand to benefit by direct relation to Viola’s estate should have already received  &/or will be receiving  letters of notice informing them of this action

 

THIS IS A GOOD THING for everyone concerned because it is going to close the matter of Viola’s un-probated mineral rights – thereby giving a “clear title” from the estate of Viola to her 6 children --- in other words – once this application for formal probate (of Viola’s estate) is completed each of her 6 children will have a cleared title to each of their 1/6 share of her (Viola’s) mineral rights

 

What that means is that we will all (upon completion of this probate) be “at least” one step closer to having clear title to the mineral rights being discussed here --- I say “at least” one step closer because there is still the question of succeeding probate(s) for clear title(s) --- the example again being my mom wherein I still need to probate her will giving my dad clear title - & then probate dads will giving Keith & I clear title – meaning --------

 

Everyone in the family will now be “at least” on step closer to --------

(1)    Collecting royalties from companies holding royalties in suspense due to a “cloudy title”

(2)    Negotiate offers to lease with a clear title – rather then the past problem of a cloudy title

(3)    Negotiate offers to buy/sell with a clear title - rather then the past problem of a cloudy title

 

As a side note; - going back to what Keren posted – “Molly, who contacted Gail on Mom's behalf first called me trying to convince me to pay $2000 to probate Viola's estate”

 

This can now be considered as being paid by me in that I am “willing” to give up any royalties – to Arkoma Bakken – owed to mom – by companies holding her royalties in suspense (Continental in particular) – per my agreement with Arkoma Bakken in that they cover the cost of probate rather then me paying it out of my pocket

 

In other words – I am FULL willing to give up the royalties owed to mom for no reason other then to clear the cloudy title going back to Viola’s estate --- & I do so WITHOUT expectation &/or feeling of being owed anything in return

 

Simply put – getting this part of the matter resolved – improves my (& Keith’s) options of dealing with that “portion” passed down to us from mom - & if others are able to benefit as a result – so be it

 

Kurt