Determining Heirship

I was contacted by Triangle Oil saying that they need to determine heirship of my grandmother’s mineral rights in Harrison County that are being managed by Comstock oil. They asked me to send copies of my grandmother’s trust documents in October 202,which I did. It is now January 2023. I have emailed both Comstock and Triangle asking what the hold up is. They just say they’re figuring it out and will let me know. Is it unusual for a landman and the attorneys to take this long to draft an affidavit. Should I look for a mineral rights lawyer?

I don’t have any expertise and my situation is much different from yours, but I recently spent around $800 for an oil/gas attorney to draft

  1. an heirship affidavit to prove the seller owned the minerals and
  2. a mineral deed for him to sell them to me.

This was in Arkansas and for a $3,000 mineral rights purchase.

I’m only sharing because I was expecting much higher attorney fees and was pleasantly surprised by my invoice. Definitely find out how much an attorney will charge before you agree to work with them, if you go that route. Assuming there’s reason to believe that the minerals will be productive, I personally prefer to pay to have the task done so I can have at least some control over the timeline.

If anyone on here contradicts me, probably listen to them and not me. I’m no authority and have hardly any experience. Best wishes!

Hi Eve, Thank You for your reply. If I do end up needing a mineral rights attorney, I will make sure to compare their fees before I decide. I am new to all of this so any advice is much appreciated. Best, Angie

It all depends on the facts about the title and trust. Is title still in the trust and are you or someone else the trustee? Has the trust been dissolved and the minerals assigned into the heirs? Was the trust created during her lifetime, by your grandmother or by another family member, with the idea it would terminate on her death? Or was the trust created at her death under her will? Are you expecting the oil company to prepare an affidavit about your individual title to the minerals or an affidavit that the trust owns the minerals to be signed by the trustee? This presumes that your grandmother or the trustee signed a lease and that Comstock or Triangle is now the lessee which is operating the wells, and not that Comstock Oil is the trustee. Do you know how many net mineral acres are involved? It is generally best to have your own oil and gas attorney to review all the documents.

They ae trying to assign the minerals to the heirs. The rights passed to my mom who is deceased and are mentioned in her trust/pour over will. My sisters and I are her only named heirs and I am also the trustee. Both my grandmother’s trust and my mother’s trust were created in their lifetime. During their lifetime the lease was under GMX resources. In my Mom’s lifetime she used to receive royalties from GMX resources She died in 2017.I see in 2013 GMX filed for Bankruptcy. I don’t know how Comstock is involved. That’s new to me. Triangle contacted me because their landman does heir research for Comstock.I called Comstock and verified this. Last thing Triangle told me three weeks ago is they were wanting to draw up a new affidavit of heirship and wanted to make sure everything is correct. They’ve had all my documentation as I said since October 2022.