Burleson County, Texas


#1

In 1981, I was gifted royalty interest to land situated in Burleson County, Texas. Since I was a minor, it was set up as a trust. In 2005, a lease was executed by the landowner who is family member. In 2007, I was contacted by the Oil and Gas Company regarding my royalty interest and sent 2 separate ratifications. I was advised by the landowner/family member to not sign the ratifications due to an error. There has been a lease in place since that time and constant production. My question is - since I was a minor at the time I was gifted the interest, if any royalties were to be paid to me, would they be sent to the trustee of the 1981 trust?


#2

You need to read the trust to see if and when it terminates and payment of income to you on an annual basis. Ask for all tax returns and for an accounting of the income and expenses from 1981 to date. The lease bonus and royalties would be paid to the listed owner, ie the trust, over the years. Does the trust provide that you become a co-trustee at some date or age? You should have asked for a written detailed explanation about the issue and need for ratification in 2007. You are an adult and need to take responsibility.


#3

Also ask the trustee for copies of the income tax returns for every year since 1981. Get copies of the trust and set up your own files. Get the location of the tract and its legal description. You need to track down that production which you can do at the Tx Railroad Commission.