How to distribute the mineral rights retained by a trust

General Mineral Rights Discussion
1

My mother owned two parcels of land in two different counties in Texas. During her lifetime, she deeded those two properties to an irrevocable trust whose terms indicate its income benefits her during her lifetime, and then the principal is to be distributed to her children. The trust sold those two properties, but those deeds retained all mineral rights. Neither is under lease. One parcel was sold before her death, the other afterward. On the former, she held 100% of the minerals for the property as they had never been severed, for the latter, the percentage is roughly 50% as prior owners had retained percentages. The question: what steps does the trust need to take to distribute those mineral rights to the five beneficiaries? I am the trustee and also one of the beneficiaries.

I believe that the trustee needs to file deeds in the two counties conveying those mineral interests. However, I don't even know how many deeds are required. One naming all the beneficiaries? or five separate ones?

2

Hi, Wayne -

I am sorry to hear of your loss of your Mother.

Only an Attorney can prepare instruments conveying title to real property in Texas - you can no longer type one up yourself.

They changed the laws a few years back. Several Landmen have been sued by the State Bar Association since then for the illegal practice of law.

If you can't locate an Attorney, accept my offer to become A Friend on The Forum and I'll send you the names of a few.

Hope this helps -

Charles Emery Tooke III

Certified Professional Landman

Fort Worth, Texas

3

Well, it sounds like I am on the right track. I had researched what such a deed would have to say and had already noticed that the exact language required was beyond my expertise. And I was starting an internet search for Texas O&G attorneys...not that I enjoy dealing with lawyers.

Wayne

4

Contact Wade Caldwell in San Antonio. He is a frequent contributor to The Forum and a fine Attorney. If you want someone different, just let me know.