in 2020 my grandad died& left my father minerals in several counties in Texas& a couple in New Mexico. It took a couple years to finalize the estate. All division orders went through that we know. Last March Dad died.They both had their own holdings. Now im left to figure all this out for my mom. Grandad&Dad were both Landman. I’m not… I want to figure out what all there is. i know what checks show up every month that’s easy. What i want to find is the non producing interests. Offer letters show up about twice a week at least wanting producing interests but a few have been for places ive never seen. Any advice would be appreciated
@RouthlessE, Hello, my condolences for your losses. I am one to be found in the same place as you some years ago. My best answer for you at this time is to ID all that you do know and make contact with the operators, as well as the county clerks offices. Most county clerks can reference you to the archived docs via web or another source. Also check the names in unclaimed properties for Texas, New Mexico and Delaware. Delaware is a place that many of the operators or companies use for LLC. That is why I suggested it. After that, if monies allow contact an Oil and Gas attorney in Texas. Any will do and do not have to be in the counties you may have interest in. He can also provide you the names of landmen and also an attorney in New Mexico most likely. I personally use Eric Camp out of Ft Worth Texas, his info is listed in the Menu directories above on this site . Just my 0.02 cents worth of this path you now have to take. Good luck and I hope your endeavors pan out. I am sure others with more knowledge than me will chime in. MK
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You can use TexasFile.com to help you locate the properties in TX. If some cases, online history may not be sufficient so courthouse work may be required. NM will be a different issue depending on the counties. Time, patience, and diligence will provide positive results. Good luck.
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I’m in a similar, but smaller, situation in Mississippi. My mother inherited some mineral rights, which passed after her sudden death to a family trust. I’m trustee and have learned of three locations of mineral rights because the companies contacted the family trust with interest in exploring on the land. But we don’t know if there are any others. Any suggestions relevant to tracking down unknown mineral rights in Mississippi would be welcome!
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This same thing happened to me many years ago. One of the smartest things we ever did was hire a Landman and I inventory all our properties. They do the legwork and know exactly where to go to research interests. Depending on what your accountant says, you could also deduct the expense of this work against the income you received, another bonus. Get referrals of good landmen from an oil and gas attorney if you need guidance. The woman who did it for us unfortunately has passed. Good luck!
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Many times I meet someone like yourself who doesn’t have an inventory of assets owned. If you look at probates from who it was inherited from, you may find an inventory of assets that were owned. Going back at least a generation or two.
Outside of that, you’ll have to do title work either through an online service like TexasFile or through the help of a local landman in the case of Mississippi.
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I have worked with several families in your same situation. I always start with the basics. Take detail research notes and maintain a digital copy of all documents and deeds no matter how insignificant you may believe them to be at the time. Research the counties where you know you have properties for the original deeds. Make sure it is a detailed search to discover all properties not just those that are currently producing. Review unclaimed property with the State of MS website for your Mother’s name as well as the person she inherited the properties. Since these are inherited properties, your research should include their name and when they originally acquired the property. Do not rely on the accuracy of Estate proceeding since they are always suspect and full of errors.
I do not have a suggestion for a landman that is local to MS, but this link may help get you started https://mslandmen.com/. Good luck. Be diligent and patient.
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I guess I don’t know where to begin so… I inherited mineral rights in Texas County Oklahoma. XTO had a lease with my father, he passed in 2009 and made me the Life Tenant. I know absolutely nothing about it all except XTO changed the name from his to mine and then I sent over the voided check for direct deposit. Dads lease expired in 2010 which they always resigned every 3 yrs and he always got a nice little bonus check. So I contacted XTO about it and was told as long as the well is producing they don’t have to sign a new lease,in other words if it’s producing a $1 no new lease.. So they have never made up anything with my name on it.,since he passed I’ve gotten a little royalty check every quarter until last year I received 1 check in Feb and that was it so I contacted XTO and was told they only send payments when the total reaches $100, well I got a payment yesterday for $42…that’s under $100. I’m so confused on who I need to get help from whether it’s an attorney or what? That’s where I need advice on where to finally stop sitting on my butt and get things straightened out. 4 months after I took over I did receive a sizable class action check, I kinda feel like that might be happening again lack of royalty payments. I have no idea how many acres I have rights of all I know is the county and property name and location. I would appreciate some help in where to start on it.,TIA.
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Tia, you can file an Affidavit of Death related to your father in Texas County to affect the record title. You will most likely need some professional assistance to prepare this Affidavit. An OGL expires at the end of the primary term unless continued due to commercial production which requires the payment of royalties. The OGL can continue in force for many years due to these royalty payments. OK has a requirement that royalty payments must be made at least once a year even if they are below a statutory minimum, thus your $42 payment.
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Do I need to find an attorney in Texas where I live or Oklahoma where the mineral rights are? It’s a rather confusing thing and I’ve just ignored it all this time because I didn’t know where to start or what to do. I have my dad’s lease with them I think it’s dated 2007. I use to get check stubs in email but that stopped a long time ago, now it’s all done thru energylink. I had another co that has never paid anything but requested my info I think it was a Cabot oil & glass but I have nothing on that one…somebody should have classes on this stuff for us newbies.. I thank you for your reply.
If you want to join NARO, they do have classes for new and not so new owners. Most attorneys should be able to draft a simple Affidavit, so a TX attorney would be fine or you can use an attorney in TX county (look in the county seat). Make sure to provide them with a copy of the deed from your father listing your interest in the Life Estate.
Most companies have gone digital with payment details (EnergyLink as an example) and direct deposit. This reduces cost and is more efficient.
A while back I asked questions regarding my son being notified by Spur Energy of funds for the heirs of my deceased ex husband. He lived in Texas but the lease is in Eddy County. He died prior to his mother’s passing and also died intestate, so my son inherited his portion. Spur Energy has been provided proof of heirship but they are balking on paying him the funds in holding, saying he needs to do an ancillary probate for his father. Spur Energy sent notice to all the heirs, including my son, informing them of their plan to ask for permission to drill in Eddy County. If he received a letter from Spur as one of the heirs doesn’t that prove he is the heir and should receive the funds? If not, does he hire a lawyer in Texas for the ancillary probate? Then, what is the process for notifying NM he is an heir to the lease?
I looked up NARO is it really worth the money? I see $75.00 for a year which is ok, but $400 to go to a convention? That seems kinda high especially since I don’t have a clue what I’m doing.
The annual fee has value especially for those trying to learn more related to their property interests. The value of the conference to you is another issue. I would review what will be presented at the conference and form a decision as to the value to my current knowledge base. With that said, I have never been to a NARO conference. You may want to look into some of the self-learning opportunities that NARO offers as a greater value to your purposes.
As a fun process for some learning, try going to one of the AI LLM for a few learning sessions. I use them all of the time to test my logic on a process and consolidate my thoughts. I have more than 40 years of experience in this industry as a landman, consultant and mineral owner, so I have the ability evaluate the relevance and accuracy of the responses. Start with a general thought and build to specifics, such as “You are an oil and gas mineral owner with (#) properties, how can I manage my properties better?”. From there you can develop Best Practices questions. These models can be helpful, but be cautious of the information because they do hallucinate. Good luck.
This is a bit of higher level land work by Spur. First, their notification is to all parties that may have a claim/interest in the property. This provides the parties the opportunity to participate in the proposed operation; however, it in no way establishes or validates title for any party. It is simply a notice.
As to the inheritance, Spur has provided your son with a title requirement to establish merchantable title (some refer to it as marketable title) for the release of funds currently held in his father’s name. This same requirement may apply to any unclaimed property funds. You can hire an attorney to challenge this requirement, but it will most likely not be successful. Best advice, locate an experienced attorney that has a practice that includes probate matters. They should be licensed to practice in NM, but you will find many attorneys from TX that are also licensed in NM. An experienced attorney in this area will be able to suggest the most economical process to accomplish the proceedings. Good luck.
I have started my search with the county clerk as I have no idea what the exact location or anything else. Figured this was a good starting point..after I hear back and still confused I’ll be back more questions. Thank you for your suggestions. Cheril
Most Oklahoma counties have all their records digitized at the County Clerk’s office. You can search by name, section-township-range, Oil company if you know it. There are land records, mineral leases, etc. available. There will be a summary to view and you may download the documents by settling up an account and paying a small fee. It was very helpful when handling my Mother’s Trust recently.
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Thank you for your response.
@Linda_Jenkins - You are correct on the digital records; however, most counties have a limited time frame for these records which will inhibit a title review.