My father and step-mother owned land in Medina County, Texas. My father passed away 20 years ago. He did not have a will. We were told by a lawyer that my step-mother would have a life estate and all proceeds from oil would go to her. At the time, the wells were still operating. A short time later, they stopped operating. After a few years, my step-mother signed a new lease. The wells were operating under the lease until her death a year ago. I thought that upon her death, her son would inherit half the land and mineral rights and my father’s heirs the other half. I found out that my step-mother signed an agreement with the operator that has her as sole mineral rights owner. The operator was not aware that my father's heir existed. The oil company has her as sole owner of the mineral rights. I have had to go to court to get me appointed as executor of my father's estate and have his heirs named. The oil company has refused to release any royalty money to me. How do I get a new division order? As it stands right now, the oil company has her son as sole heir to the mineral rights and to the owner’s share of royalties.
Did your dad & step-mom purchase the land together?
Was it their homestead?
It was their homestead. The land belonged to my father (owned all mineral rights) and sold (used as collerateral from step-mom brother in-law) and deeded back in both of their names. I assume that they both owned half mineral rights after it was deeded back. He died and she was given a homestead. We were told by her attorney that everything belonged to her as long as she held the homestead.
Dillon said:
Did your dad & step-mom purchase the land together?
Was it their homestead?
I believe her attorney is wrong. You need to find out what part of the Law of Decent and Distribution apply to you (i.e. Did your father die before 1993?) and from there you should be able to determine what should happen with the interest.
I would hire an Oil & Gas Attorney and have him review the case, but to my knowledge you are entitled to at least a portion of the mineral interest.
Ron Lamm said:
It was their homestead. The land belonged to my father (owned all mineral rights) and sold (used as collerateral from step-mom brother in-law) and deeded back in both of their names. I assume that they both owned half mineral rights after it was deeded back. He died and she was given a homestead. We were told by her attorney that everything belonged to her as long as she held the homestead.
Dillon said:
Did your dad & step-mom purchase the land together?
Was it their homestead?
My father died in 1990. Step-mom died in 2010. The division order has her name only on it. The land deeds has both of their names on it.
Stephen Lambert said:
I believe her attorney is wrong. You need to find out what part of the Law of Decent and Distribution apply to you (i.e. Did your father die before 1993?) and from there you should be able to determine what should happen with the interest.
I would hire an Oil & Gas Attorney and have him review the case, but to my knowledge you are entitled to at least a portion of the mineral interest.
Ron Lamm said:It was their homestead. The land belonged to my father (owned all mineral rights) and sold (used as collerateral from step-mom brother in-law) and deeded back in both of their names. I assume that they both owned half mineral rights after it was deeded back. He died and she was given a homestead. We were told by her attorney that everything belonged to her as long as she held the homestead.
Dillon said:
Did your dad & step-mom purchase the land together?
Was it their homestead?