Great Post, as you say “NEVER use a Quit Claim Deed” From experience over many year’s most small town lawyers don’t know much about Oil and Gas leasing. In Texas I would surely never use a quit claim deed. But past dealings and mistakes made before your time you have to deal with and try to correct.
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The royalty checks are going to my mother. She does not cash the checks. She tried to get the royalties transferred to the trust, but the gas lease company would not do that because they said the paperwork was not in order. So they have suspended the account - which is OK since the royalty checks were less than $15 each year. My guess is that from a legal standpoint, the mineral rights are not in the trust - my mother recorded the deed after my dad died. A certificate of trust was never recorded.
For now, we are just going to ignore everything - without really knowing who owns the mineral rights. It would not be logical to spend $5K on a lawyer just to find out that the trust does not own the mineral rights.
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Bob, From a financial perspective you may be correct.
However, in one post the author states that the executed but unrecorded Texas mineral deeds are in their possession snd wonders if they should be recorded. I haven’t researched this so, like others have written, whether a deed recorded after death is valid needs to be researched by a competent real estate attorney.
If all the heirs agree they do not need to be filed, and put it a signed document, then put them away for posterity. However, all it takes is one disgruntled heir to claim damages and an attorney willing to take on the case to create more headaches.
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