gosh,
I have a similar question, My husband has perpetual rights in Nueces county TX FlourBluff, area,
His Granddad passed on to his dad and his dad to his mom they are all deceased accept my husband,
I realize that he will have to prove his legal heir ship and register in Nueces county. I was looking up permits and though I am not absolutely sure there seems to have been a lot of past activity but many wells are plugged in the Four bluff area. I still need to find out about exact location, we do know that they produced but his mother and father never received any royalties nor has he . Would it be extremely difficult to go back and find out if they were owed moneys ? How long is statue of limitations?
Any info would be appreciated
DH
Deb, have you any old leases that your predecessors may have signed?
Deb Hiner said:
gosh,
I have a similar question, My husband has perpetual rights in Nueces county TX FlourBluff, area,
His Granddad passed on to his dad and his dad to his mom they are all deceased accept my husband,
I realize that he will have to prove his legal heir ship and register in Nueces county. I was looking up permits and though I am not absolutely sure there seems to have been a lot of past activity but many wells are plugged in the Four bluff area. I still need to find out about exact location, we do know that they produced but his mother and father never received any royalties nor has he . Would it be extremely difficult to go back and find out if they were owed moneys ? How long is statue of limitations?
Any info would be appreciated
DH
You have to run the title and have that right before you create any partnership. If you want to use an affidavit that's fine but eventually those get lost and/or are nigh, if not, impossible for the landman to track down. There are thousands of accounts in suspense in the state and oil company accounts where the owners are unknowable.
Dave Quincy said:
Sorry, Karen. My last reply was to Shields.
Karen Lynch said:
Well that message was a fail from my phone. If I go to the court house, can I find the papers for the mineral rights? If I bring all the wills, will that help?
The last and final advice to Karen is for her to file the copy of her grandmother's probate. It is the best advice possible. Sometimes it takes a while to get there, because often the person asking the question isn't in the business, and doesn't think like someone who has decades of experience in oil & gas. However, I think everything eventually got flushed out where she received some great, free advice. The family partnership idea isn't a bad idea per se, but definitely not necessary in her case. The filing of the will should be fine. As I mentioned, she can also file the affidavit that Mineral Joe originally mentioned if she wants, but it may be superfluous. It will never get lost, but will be of record as long as any other instrument will. Karen can use this experience as a teaching tool for herself and her kids, and her grandchildren if she has any. That is, keep filing.
Affidavits, certified copies of probates, anything that may clarify the mineral ownership for the title searcher, so that they know who is the proper party to lease. Keep doing that and no one will ever have to worry about the Ca-Ching in the pockets of the lawyer who drafted it for Shields and his family.
PROBATE LESSON:
What is a certified copy of a probate and why would someone want to file that in the county where they own minerals?
If Karen's grandmother owned mineral rights in Champagne County, but lived and died in Cooke County, and had her will probated in Cooke County, but not in Champagne County, how would the title searcher/landman know that Karen's mother now owned the minerals located in Champagne County? Answer: They wouldn't.
A certified copy of the probate proceedings should be obtained from the Cooke County, Clerk, and filed in Champagne County. The researcher would then see that Karen's mother would be the proper person to sign the oil & gas lease, she being the sole beneficiary under the will of Karen's grandmother.
Dave Quincy said:
The last and final advice to Karen is for her to file the copy of her grandmother's probate. It is the best advice possible. Sometimes it takes a while to get there, because often the person asking the question isn't in the business, and doesn't think like someone who has decades of experience in oil & gas. However, I think everything eventually got flushed out where she received some great, free advice. The family partnership idea isn't a bad idea per se, but definitely not necessary in her case. The filing of the will should be fine. As I mentioned, she can also file the affidavit that Mineral Joe originally mentioned if she wants, but it may be superfluous. It will never get lost, but will be of record as long as any other instrument will. Karen can use this experience as a teaching tool for herself and her kids, and her grandchildren if she has any. That is, keep filing.
Affidavits, certified copies of probates, anything that may clarify the mineral ownership for the title searcher, so that they know who is the proper party to lease. Keep doing that and no one will ever have to worry about the Ca-Ching in the pockets of the lawyer who drafted it for Shields and his family.
Our Arkansas probate was not accepted in Colorado. We had to offer probate in Colorado for that property owned there.
Sorry to hear that. File an Affidavit instead, and attach the Arkansas probate as an Exhibit "A".
That way, you could tell them that you weren't actually filing an out of state probate, but you were filing an affidavit.
We have over 100 acres in perpetual mineral rights not sure if these listed below are everything within those 100 acres.
I am not sure where to get the number that you said starts with an A nothing on the deeds that I can see they are very old deeds from 1930's. There has been production on these sections for many years but i believe that last we heard back in the 80s they were plugged , so I do not know if they may be going back in with new technology, or new leases. Any help would be greatly appreciated!
We have 1/2 perpetual mineral interest in, E. Flour bluff,and Encinal Farms and Garden tracts, Neuces county
TX.
lot22 sec 19,lots9and 10 sec18, lots22and 23, sec51,lot12 block6 sec 45, lots 19,20,21,on N-1/2
lots 22,23,23,sec54. there was an affidavit filed in Nueces county back in 89 by his mother , showing the chain of ownership, Grandfather to ,father to her.
Thank you !
Deb
What type of help are you wanting? You mentioned unpaid royalties earlier.
Are you wanting to collect on royalties that were due on leases in the 80s?
I think someone else, maybe Kennedy, asked you if you had any old leases.
That would be a starting point. Texas Railroad Commission research might be another idea.
An inspection of the premises might be a good idea. Talking to neighboring owners might give you some information. I'm just not sure what you are wanting.
Possilbly but most interested to know if they are producing now . we do have some old leases.
We do not live nearby so inspection would be difficult. I was told that I need API number in order to look up prodution on TRR site. I tried looking it up with these descriptions. I looked at the tutorial . but I do not have block numbers.
Thank you !
You do NOT need API number to look up production on RRC Web site, although that probably is a quicker way to get to it. You can also get to it by clicking on the well icon on a map:
1. Go to www.rrc.state.tx.us
2. Click on "Online Research (Queries)" in lower right-hand corner of the Web site.
3. Click on "Launch Application" under "Public GIS Map Viewer for Oil & Gas Wells, Pipeline Data and LP Gas Sites" in the upper left-hand blue box.
4. Click on "Survey/Abstract" on the lower right-hand area.
5. Click on "Identify Wells" under "Map Tools" on the middle right-hand area.
6. Click on your well.
7. Click on "Operator/Wellbore/PDQ" if it is present.
8. Click on "Production Data Query (PDQ)" in lower left-hand corner.
I agree with Shields. CA probate was not accepted in CO. Or an affidavit filed with the CO county. I believe you have to go through probate in CO.