Not sure anyone can answer this question for me, but it appears my father’s aunt has had executor rights over all the leases and the family. Is it possible that she could actually sell the minerals that weren’t her portion unknowingly? The affidavit of fact regarding conveyance that my father retains his mineral interests but that his aunt had all of the executive rites.
I am seeing at the end of the affidavit that she conveyed all of her interest in the subject property to someone else. As if she sold all of her interest. But I cannot tell if she sold my father’s. He was very upset a year or two ago and thought she’s had sold all of his interests. Thank you in advance to anyone who can Help solve this mystery
In short, executive rights usually only apply to leasing. So, unless she had Power of Attorney or was appointed Independent Executor of your father's estate (unlikely since he is still living), then she had no power to convey your father's portion. It is likely that his portion still remains under his ownership.
Thank you. He never turned any other power over to her. It’s odd, he printing out all of this paperwork about Duhig. I remember him telling me he thought she sold this entire 40 acre area.
She probably only sold all of her interest in that area, but your father's was not touched. Do you have a copy of the deed where she conveyed her interest out? Or, tell me your father's name and her name and I can try to find it in the county records. Feel free to message the private info instead of putting it on here, either way works for me, though.
Kristin, How did the Aunt and your father come into ownership? In other words, did they inherit the interest and was the Aunt the Executor under the Last Will that conveyed this interest?
I was told that interest vested at the date of death. So in my case, several other family members also inherited an undivided interest in a fractional ownership position, but each of us was free to enter into our own lease for our particular fractional interest.
Your question however prompted me to continue wondering who exactly has executory rights when party holding those rights is deceased, leaving equal 1/3 interests to his 3 daughter, one of whom has now conveyed some or all of her rights and we are bound by their lease or leases which might have various provisions as to royalty, costs etc?
I took a look and none of the deeds included the father’s minerals.
William, to answer your question about executory rights (not the same as executive rights), it all depends on language in the will and, if any, subsequent executors deeds. If there is no will, then it goes by the laws of intestate succession for the State of Texas. When minerals are sold or inherited they are always bound by the currently effective lease terms.
So… curious. When my dads Aunt dies, who has executor rights over leases? No wonder his Aunts son in law was always trying to get is to sell all these minerals.
Kristin, any legal advice you acquire on this forum should be used at your own risk. No one can accurately answer your questions without reading all of the relevant documents, whether recorded or not. With that said, if your aunt sold all of her interest, she may have sold the executive rights as well. This is just speculation on my part since I have not read the documents. It is also possible that someone can sell the mineral and royalty rights but still retain the executive rights. This can cause a big problem when someone with no monetary interest still controls the executive rights. Again, this can only be determined by having an attorney read all of the relevant documents. I hope I have made myself clear. Relying on opinions on this forum can be dangerous and legal advice from an experienced oil and gas attorney is essential.