I am assisting my elderly mother in trying to sell her 5-6 O&G interests. Her ownership documentation is incomplete. She inherited the rights along with her two brothers, both of whom are deceased. I am told that these are “undivided interests.” I have found my mother’s payee / ownership numbers with each of the exploration companies. At least three of the companies are currently making monthly payments to her. Given our lack of documentation and knowledge, can anyone provide advice about how best to liquidate these positions or suggest a resource we can work with? Thank you in advance.
Since she is in pay status on at least three of the properties, contact the Division Order analyst at each company and explain that you are trying to get her files in order. Ask for a copy of the paragraph of the DO title opinion that relates to your mom’s property that explains her title path. Those documents may be the clue to the other three.
Undivided interests are the most common type. It means that her ownership is a percentage of a described parcel or tract, somewhat like yeast in bread. She shares that parcel with the other owners and they all benefit from it. A “divided” interest is usually a very particularly described parcel of land that was frequently the old homestead and garden plot. It may be culled out of the “undivided” tract.
While you are waiting on the first documents, you can try searching the county clerk’s office for any probate documents that describe what she and her brothers might have inherited. They should have been filed in the county of the deceased ancestor. And if done correctly, would also be filed in the county where the minerals are located. Once you have the proof of title, you can use any one or more of several mineral auction houses to try and sell the rights.
You probably should also check the unclaimed funds in the state treasurer’s office, just to make sure there are not funds sitting there. If she has an attorney that is getting her affairs in order, the attorney can also help facilitate a sale. If you are dealing with anything having to do with Medicaid, then getting an elder care attorney may be advisable as the rules must be followed perfectly.
Martha, thank you so much for your response. I will start working on this now. If you know of any firms in Louisiana who handle these type of issues “soup to nuts” for clients, I would really appreciated getting in touch with them. Thanks again!
I would suggest that you contact the LA Chapter of NARO (National Association of Royalty Owners) www.naro-us.org and then find the list of the directors on the LA Chapter website. They may be able to direct you to someone who can walk you through the process. They know the websites, the folks who know LA law, etc.
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