Recently inherited sizable land and mineral interest and need to know any and all ways to validate ownership of the mineral interest that has been reserved by my parents for many years. I do have possession of Division Orders, Family Trust Information, probate information and the Assignment Of Mineral Interests, in some cases, but not all. Thank you for any information you may be able to provide!
Dear Maxie,
With all this legal documentation in your possession, there must be an attorney's name referenced somewhere in all that paperwork. I would think that he could answer your legally-related questions ??
Good luck,
Pat
Maxie-
People on the forum would need to know the following to provide any meaningful help; 1) state(s)?; 2) By "validate" do you mean get the source deeds and confirm your families mineral ownership or something less?
Here is a link with a generalized article on the steps to take to find out what you own - http://www.mineralrightsforum.com/profiles/blogs/i-may-own-minerals-so-now-what
The main thing people with more than a few properties need to do is construct a mineral inventory.
Maxie,
I have found the most success in these cases when I organized all the documents by State, and County with the primary organizing being the county legal description BY PARCEL. Give each parcel its own name. Within each parcel designation list its legal status concerning title into your name or other entity like and LLC, surface, minerals, wells, leases, offers to purchase, geologic references, DO's, etc. Some documents may cover more than one parcel so reference the master file of documents with a check list in each parcel. (Commercial software has never been a good solution for initial set up of a mineral and land portfolio)
The primary thought process is to make sure that the public can find you by parcel in each county. An attorney can help you put affidavits, probates, and other indications of ownership of record to meet your needs once you have your parcel documents organized. You will also save tons of money in legal assistant fees. If your other assets are also sizable, consider putting your mineral rights into a separate entity like an LLC. An LLC provides many other advantages and flexibilities besides liabilities that trusts do not offer.
Layout a strong foundation for data retrieval. Know more about your minerals than the other guy and you will prosper.
Gary L Hutchinson
Minerals Managment
Thank you, Pat. I will try to locate a contact individual within the documents in my possession.
Hi Wade. I am trying to find a way to record the transition of mineral rights after the death of both of our parents. It is stipulated in their will that all land and mineral rights will be divided between my brother and myself, but it neither gives a description of the land description nor the percentage of mineral rights retained by our parents. I have, in my possession the assignment of minerals in Cherokee County, Texas and the land description of surface rights. What I do not have in my possession is any and all mineral rights my parents owned in Smith County, Texas and the mineral rights my mother and her two sisters inherited in Arkansas. The land that was jointly shared by the three sisters was sold many years ago, but to the best of my knowledge the mineral rights were retained. That you, Wade, for providing the link. I will definitely read it. I wish I had the necessary information to construct a mineral inventory of all the minerals my parents owned, but I can’t seem to locate all of the required information to construct a valid inventory. Thank you for your response and any additional information you may have. I used the term “validate” instead of the word "proof of ownership ".
Hi Gary, I have supporting documents of ownership in Chrerokee County Texas. I am lacking information in Smith County Texas and in Ouachita County Arkansas. I know the two counties and states have mineral rights owned by my mother and father. I simply don’t know how to prove ownership. Some of the mineral rights were retained back in the 1930’s. Any additional information would be greatly appreciated!
Maxie-
There are several online services, including texasfile.com, who have deed records online, but they vary greatly by county and how far back, and some counties lack any meaningful online records (usually indicating the local title company has a lot of stroke with the county commissioners). For example, they have Smith County records going back to 1979. The article I sent links to other articles that talk about the other types of documents available online to look for.
Wade, I did spend some time today perusing two online services. Being unfamiliar with some of the legal jargon puts me at a bit of a disadvantage, but I was able to familiarize myself with possible options. I’m impressed with what I viewed today and will, no doubt, return to the sights when time allows. With your input and that of others in the MineralRightsForum I may become proficient in my searches.
Thanks again for your time and information!