I just inherited delinquent past due taxes to some oil & gas rights that were in my deceased mother's name. [she died in 1990] She owned no property nor debt and had no will. Can somebody kindly list the steps to transfer the name of ownership without a will?
The tax office located me and the bill came with my name on it as well as my mother's name, so I paid them. That done, within 1 week I recieved a letter from a lawyer indicating some interest. Did he get my name from the public record's office? He never answered my email so I wonder if they just randomly generate letters to newly paid up mineral rights or do you think there is some activity that brought about the interest?
This is a great site! I will gladly "pay it forward" with the help I receive negotiating these new waters. Once I know what I have my hands on, I'll be requesting quality referrals for legal and negotiating services & advice. I just started a new county group for RioBlanco, Colo. Look forward to meeting you.
Sounds to me like the minerals are producing and the County was going to foreclose on your minerals and sell them for the taxes. In Texas they can not charge taxes on non-producing minerals, I don’t know about Colorado. They most likely are now producing and if I were you I would run a tracer on it.
In Texas, if a person dies intestate (without a will) the property is designated by law to the heirs. If you were her only child and she had no spouse, then the entire interest would go to you. Normally, an Affidavit of Heirship executed by three persons would be sufficient to settle the estate and vest the property in your name. This is Texas law, I do not know Colorado law. This affidavit names the heirs (ie: her children or other heirs who are legally entitled to share in the inheritance). Hope this helps. I am not an attorney, just drawing on what I remember.
For purposes of getting into pay status with the oil and or gas company, what Laura says is probably correct.
However, in order for you to have marketable title, it is most likely necesary for you to probate the Estate of your mother in the state where the minerals are located. In this case Colorado. Marketable title is what you will need to sell the minerals or be able to command the best price for a sale of the minerals. This attorney probably offered to buy the minerals at a discount because he would probate the Estate or Do what is called a determination of death and heirship, quiet title lawsuit to clear the title.
I do no know Colorado law or Colorado title standards.
You could call the county in Colorado where the oil and gas rights are located and ask if they have any format to follow. I have had reason to investigate this in West Virginia and there is a straightforward procedure to follow. There is someone (or department) in each county that can provide that information. Perhaps Colorado has the same type of situation. I expect the courthouse (or wherever the records etc are) would also be able to provide the names of some local attorneys to help if necessary.
I'll call the tax office tomorrow [closed for the day now] and find out if it's the same case in Colorado. The Assessors office had told me they had already sold them, but I re-claimed them just before the time limit. Not sure how to "run a tracer", but if it means research what is producing, I've tried to do that using the COGGC website but it's not exactly neophyte user friendly so I don't know quite how to get that info... yet.
Thanks for your time and insight!
Marilyn
Walter Stewart said:
Sounds to me like the minerals are producing and the County was going to foreclose on your minerals and sell them for the taxes. In Texas they can not charge taxes on non-producing minerals, I don't know about Colorado. They most likely are now producing and if I were you I would run a tracer on it.
Thanks Nancy, Do you happen to know the name of the department [most gov offices are fun similarly]? It wouldn't be the Assessors Office would it?
Have a great day!
Marilyn
Nancy Mosley said:
You could call the county in Colorado where the oil and gas rights are located and ask if they have any format to follow. I have had reason to investigate this in West Virginia and there is a straightforward procedure to follow. There is someone (or department) in each county that can provide that information. Perhaps Colorado has the same type of situation. I expect the courthouse (or wherever the records etc are) would also be able to provide the names of some local attorneys to help if necessary.
So If I understand you correctly, a marketable title is necessary for a sale of the mineral rights. But what about leasing them? Can the heirs just sign their own names as heirs to the owner?
Appreciate you taking the time to give your insight!
Marilyn
Matthew said:
For purposes of getting into pay status with the oil and or gas company, what Laura says is probably correct.
However, in order for you to have marketable title, it is most likely necesary for you to probate the Estate of your mother in the state where the minerals are located. In this case Colorado. Marketable title is what you will need to sell the minerals or be able to command the best price for a sale of the minerals. This attorney probably offered to buy the minerals at a discount because he would probate the Estate or Do what is called a determination of death and heirship, quiet title lawsuit to clear the title.
I do no know Colorado law or Colorado title standards.
That was exactly the starting point I needed Laura.... "an Affidavit of Heirship"... now I know the terminology and can proceed to find out Colorado's process. Filing paperwork is not worth paying an attorney for, I'd rather use them to help give leverage or advice when issues are not black and white. I figured this is a standard process.
In appreciation,
Marilyn
Laura Reagan said:
In Texas, if a person dies intestate (without a will) the property is designated by law to the heirs. If you were her only child and she had no spouse, then the entire interest would go to you. Normally, an Affidavit of Heirship executed by three persons would be sufficient to settle the estate and vest the property in your name. This is Texas law, I do not know Colorado law. This affidavit names the heirs (ie: her children or other heirs who are legally entitled to share in the inheritance). Hope this helps. I am not an attorney, just drawing on what I remember.
Doubt it. Depends on what the Gas Companies Title Attorney requires. I would not if I were the title attorney. However, I am thinking your minerals are probably under production and that there are some unclaimed property proceeds somewhere for your benefit. The person wanting to buy your interest probably did not tell you about that.
So If I understand you correctly, a marketable title is necessary for a sale of the mineral rights. But what about leasing them? Can the heirs just sign their own names as heirs to the owner?
Appreciate you taking the time to give your insight!
In the county I have dealings with, in West Virginia, it is the probate clerk in the County Clerk's office who knows all about the rules for inheritance, including intestate (no will) and including out of state decedents who own property including oil and gas royalty, in West Virginia. Perhaps they have something similar in your county in Colorado. That probate clerk was also the one with the list of attorneys practicing in that county who would be familiar with the procedures involved in transferring real estate (including the royalty ownership).
I know in West Virginia the laws of intestate inheritance are West Virginia laws and it doesn't matter where the deceased owner lived or what the laws are in that state. You could probably find that out by Googling something about Colorado intestate inheritance or something like that. Good luck!
mbrier said:
Thanks Nancy, Do you happen to know the name of the department [most gov offices are fun similarly]? It wouldn't be the Assessors Office would it?
Have a great day!
Marilyn
Nancy Mosley said:
You could call the county in Colorado where the oil and gas rights are located and ask if they have any format to follow. I have had reason to investigate this in West Virginia and there is a straightforward procedure to follow. There is someone (or department) in each county that can provide that information. Perhaps Colorado has the same type of situation. I expect the courthouse (or wherever the records etc are) would also be able to provide the names of some local attorneys to help if necessary.
Back to West Virginia, they require an Affidavit of Heirship and Ownership which is specific to the property/properties owned as well as stating how the decedent obtained them, and how the heir is related. The Affidavit of Heirship puts people on notice that you are an heir but the Affidavit of Heirship and Ownership (and a little bit more including a death certificate etc) is sufficient to transfer title. Again, this is West Virginia, but it is good to find out what Colorado requires. Do you have a copy of the deed (or other document) where your mother became owner? The County Clerk’s office should be able to help you with that as well.
mbrier said:
That was exactly the starting point I needed Laura.... "an Affidavit of Heirship"... now I know the terminology and can proceed to find out Colorado's process. Filing paperwork is not worth paying an attorney for, I'd rather use them to help give leverage or advice when issues are not black and white. I figured this is a standard process.
In appreciation,
Marilyn
Laura Reagan said:
In Texas, if a person dies intestate (without a will) the property is designated by law to the heirs. If you were her only child and she had no spouse, then the entire interest would go to you. Normally, an Affidavit of Heirship executed by three persons would be sufficient to settle the estate and vest the property in your name. This is Texas law, I do not know Colorado law. This affidavit names the heirs (ie: her children or other heirs who are legally entitled to share in the inheritance). Hope this helps. I am not an attorney, just drawing on what I remember.
I've attached the only doc I have. It has my mom's address on it before I moved her down to live near me when she got sick. She died in 1990. I highly doubt my mom ever knew she owned any mineral rights. The Assessors office tracked me down in May via my ex mother-in-law that has my same name. She said an oil company had called her last May,but that was told me by my son who can't get any more info out of her as she's not too keen on helping me. [I mentioned "EX" mother-in-law!]. He forwarded the letter from the tax assessor with my name and incorrect address on it from 1994.
So is the attached "mineral card" considered a "deed"?
Nancy Mosley said:
Back to West Virginia, they require an Affidavit of Heirship and Ownership which is specific to the property/properties owned as well as stating how the decedent obtained them, and how the heir is related. The Affidavit of Heirship puts people on notice that you are an heir but the Affidavit of Heirship and Ownership (and a little bit more including a death certificate etc) is sufficient to transfer title. Again, this is West Virginia, but it is good to find out what Colorado requires. Do you have a copy of the deed (or other document) where your mother became owner? The County Clerk's office should be able to help you with that as well.
mbrier said:
That was exactly the starting point I needed Laura.... "an Affidavit of Heirship"... now I know the terminology and can proceed to find out Colorado's process. Filing paperwork is not worth paying an attorney for, I'd rather use them to help give leverage or advice when issues are not black and white. I figured this is a standard process.
In appreciation,
Marilyn
Laura Reagan said:
In Texas, if a person dies intestate (without a will) the property is designated by law to the heirs. If you were her only child and she had no spouse, then the entire interest would go to you. Normally, an Affidavit of Heirship executed by three persons would be sufficient to settle the estate and vest the property in your name. This is Texas law, I do not know Colorado law. This affidavit names the heirs (ie: her children or other heirs who are legally entitled to share in the inheritance). Hope this helps. I am not an attorney, just drawing on what I remember.
thanks! I tried and no response to her name or my name [the tax bill came to my name this summer]. Since the mineral card I have is dated 1977 could it be that it isn’t readily available in their online database?
Matthew said:
Doubt it. Depends on what the Gas Companies Title Attorney requires. I would not if I were the title attorney. However, I am thinking your minerals are probably under production and that there are some unclaimed property proceeds somewhere for your benefit. The person wanting to buy your interest probably did not tell you about that.
So If I understand you correctly, a marketable title is necessary for a sale of the mineral rights. But what about leasing them? Can the heirs just sign their own names as heirs to the owner?
Appreciate you taking the time to give your insight!
The State of Colorado is different than Texas and other states since you do actually pay taxes on minerals rather they are producting or not. Since you are paying taxes you should not assume that your area is currently producing.
As for finding out if it is or isnt and what the current market value is for your area would come down to some research on the area, what if any companies are currently drilling or leasing in that area, and if there is production is it a proven area that has solid or reasonable production. These things can all be found out through research of people who would know the are or how to find the information for that area.
As for the curative documents that you would need to file for ownership, that can be done through the County in which your mothers minerals were in. The Affidavid of Heirship may be sufficient, but you will find that asking whomever you talk to at the County will usually give you the proper paperwork and process to file whatever is needed to settle your mothers estate. They work daily doing these filings and can usually be very polite to give you the information you are looking for. A little due deligence will go a long way.
The Mineral Card looks like something sent from the tax department. They could give you some information.
On the card, it says something about Bk 91 page 303. That probably is a citation for the deed where your mother (or maybe her parent or grandparent) obtained the interest. The register of deeds, or whichever department handles that task in the county where the oil and gas rights are located, could tell you if that document on Book 91 page 303 has any names that sound familiar. It could be a lease book instead or some other book but the county should be able to tell you about it. It could take a lot of digging but could be well worth it. And you'll find out more about your ancestors along the way.
Good luck!
Nancy
mbrier said:
I've attached the only doc I have. It has my mom's address on it before I moved her down to live near me when she got sick. She died in 1990. I highly doubt my mom ever knew she owned any mineral rights. The Assessors office tracked me down in May via my ex mother-in-law that has my same name. She said an oil company had called her last May,but that was told me by my son who can't get any more info out of her as she's not too keen on helping me. [I mentioned "EX" mother-in-law!]. He forwarded the letter from the tax assessor with my name and incorrect address on it from 1994.
So is the attached "mineral card" considered a "deed"?