My Dad passed away and left land and mineral rights to me and my siblings in a will and a trust, we just found out it didn’t get filed at the courthouse and now the oil co. is waiting on a paper to start sending us our checks(currently leasing and producing) Any help or suggestions are appreciated to get this resolved.
Hi Amy,
Stop right there. Do not sign anything. You are right at the most vulnerable stage where crooks and scammers can take advantage of you. Tell the group what state and county you are in and maybe someone can help or at least provide local information to get you pointed in the right direction. You need to find out what is happening in your immediate area, what companies are drilling, who owns the most leases, what permits have been issued, are there any lawsuits, are there producing wells and if so how much are they producing, etc. You are not obligated to sign a lease right away so don't let a fast-talking landman pressure you into doing something you are not sure about.
Good Luck!
Amy,
I am sorry for your loss.
You need to know, Dogbert is 100% right. Folks on here can likely get you headed in the right direction, but will need to know your State. Some are focused and limited to just one state, and some have lots of local knowledge.
Best wishes to you.
Thank you Dogbert and Will! Any advice is helpful and appreciated!
what state is the property located?
Amy,
You will need to file the deed or will in the courthouse but I would go slow as far as signing anything with an o&g company. If the property is in Texas I can look it up on drilling info to give you an idea of what's going on in the area.
Rick
Texas, west Texas area
Ok, thank you.
Hi Amy, If you can send me an abstract # and county it's in I can send you a map of what's happening in the area.
You will need to file the Will for Probate in the Probate Court where he lived or died OR, if you do not want to go to that expense, file an Affidavit of Heirship in the County Clerk's Office where the minerals are located. Keep in mind, though, that if you choose the latter route, filing an Affidavit of Heirship, there is a chance that the owners of the minerals will be different than those he specified in his Will.
I don’t have the abstract #, I’d need to get it from my brother who lives on our land. It is Irion County. He had a trust as well, the land and mineral rights have been passed down in a trust I (and siblings) are the 3rd or maybe 4th generation to inherit the land and mineral rights. You’d think it would be simple to fix.
Irion county is blowing up right now with horizontal drilling. An attorney is very much needed in your case. Horizontal drilling means big companies, big dollars, and the last thing you want is to be taken advantage of. wolfcamp is the target formation
Amy said:
I don't have the abstract #, I'd need to get it from my brother who lives on our land. It is Irion County.
He had a trust as well, the land and mineral rights have been passed down in a trust I (and siblings) are the 3rd or maybe 4th generation to inherit the land and mineral rights.
You'd think it would be simple to fix.
Basically, they want the proper documents filed so they can pay the correct people. I would assume your father was getting royalty checks before he passed away if the well was producing. In order to pay royalties, the oil company needs to see that the people they are paying or in fact the right people through a clear chain of title. In your case, nothing has been filed to show that your father is passed away and that his will names his heirs. The best way to do this is thru a probate attorney. It may cost a bit, but I doubt they will pay you with an Affidavit of Heirship. I know that we don't. We will take a lease with an Affidavit of Heirship, but we urge the lessors to go thru the probate process as most title opinions will require if it has not been done. It's not a scam as someone previously said. It is a way to ensure that the right people are getting paid. How does the oil company expect to know who to pay if the proper paperwork is not recorded? As far as they know, your father is still the owner since there is nothing in the public record to state otherwise. Once again, Dogbert says this is a scam. How ridiculous. The lease has already been signed by your father. That lease will be in effect for the duration of production. Once again, the oil company is asking is for a clear chain of title to the land and minerals. Apparently the chain stops with your father, and since he has passed away, there is nothing recorded to show the heirship. I doubt they are asking you to sign anything as others have assumed. We run across this a lot. To me it's simple. You have the will. Talk to a probate attorney. Most will listen to your case and give you a cost if you want to proceed. But the idea that people are calling this a scam is ridiculous. The oil company is trying to do the right thing.
Yes, he was getting royalty checks before he passed away. So basically you’re saying take the will & trust he made out with his death certificate to a probate attorney so it can be filed. I really appreciate everyone’s help, this is all new to me.
That would be the best option if you can afford the expense.
Thank you all for you’re help! We’ve hired an attorney. Hopefully get this resolved soon!