How do I transfer mineral property if the property is in a trust? I am successor trustee of my deceased mother's trust. The mineral property is deeded in the trust. I am executor of her estate and only heir as well. I have a property tax statement and her deed in my possession. She has been receiving royalty checks so leases will have to be transfered also.
What State is the parcel with the mineral property in? I believe that will determine what steps need to be taken.
The property is in Yoakum Co Texas. I talked to the County Clerk there a couple minutes ago and she said my attorney has to handle it and go through probate. Since this property is in my mom's living trust my attorney says I don't have to go through probate. This has been hanging on since Aug 2016, so guess I need to light a fire under him and get him to respond to my calls.
Probate is not necessary!
Light that fire! Tell attorney you are ready for him to prepare the deed that will transfer ownership to you. Sign your name _____________, Executor of the ________________________ Living Trust (if it is a Living Trust) and date it. Be sure he inserts the full legal description.
Note: All trust property must be transferred. Take along the death certificate and a copy of the trust document, just in case he doesn't have a copy.
I agree with your attorney and with the information you have plus a death certificate and Division Order, a paralegal in a Midland law firm can prepare a deed for you to sign and record as well as a letter of notification to the operator in a short period of time. Deed formats are special in Texas so be careful on the documentation in order to save time.
You seem very capable of getting the documents recorded and sent to payors. If you need help with a law firm intro, send me a personal message and I'll set you up. I have other clients in IN with properties in your part of Texas who are using Midland TX law firms.
I have discovered that my Midland share has been recorded in a Quitclaim deed by my sister who made herself attorney in fact. How do I have this corrected to a general warranty deed, as I am fearful if I were to die first, I would have no control of this property and could not deed it to who I choose. I would be interested in an attorney in Howard county area I could contact.
I am also negotiating a sale of 1/4 minerals.