Bless you, I will do just that. The fee from our lawyer is HIGH. I try to keep the retainers at a absolute minimum and still not be "penny wise and pound foolish. My mother passed away in 1962. I have some sort of faded legal document in my safety deposit box. I will retrieve it and see exactly what it is. We first executed a lease with Mobil oil in the middle 70's. I will get that initial division order as well. Might make things a little easier. I just remembered it's existence. I know it has property legal descriptions on it. They wouldn't have made any sense then, but I would understand them now. This forum is priceless. And thanks to those of you who share your knowledge with those of us who would be mushrooms without it. Again, Thank you.
Deloris Bohnsack
Any idea why its different in Texas? That seems to be a disadvantage when compared to the other states. :(
Buddy Cotten said:
The intestate distribution depends on:
1. Who owns the interest?
2. Is the ownership joint tenancy with right of survivorship?
3. If surface is also owned is it homestead?
4. Does dower and curtsy apply?
5. Is the ownership as a life tenant?
6. Where is the interest located (intestate laws of the situs of the property controls)?
In some cases, a wife is not a heir of her husband on his separate property. For example, in Texas heirship on separate property, the surviving spouse receives a 1/3 life estate and the children receive 2/3 in fee and a remainderman interest on the other 1/3,
Best
Buddy Cotten
Mineral Manager
Sara, this is only in the absence of a will. Many people don't have a will, but everyone should. You can get a fill out yourself form of last will and testament with fill in the blank for property and everything else goes into the residuum. A really good way to spend $10 or less. Then have it witnessed or notarized depending on if you can afford a few extra dollars.
Sara Mendes said:
Any idea why its different in Texas? That seems to be a disadvantage when compared to the other states. :(
Buddy Cotten said:
The intestate distribution depends on:
1. Who owns the interest?
2. Is the ownership joint tenancy with right of survivorship?
3. If surface is also owned is it homestead?
4. Does dower and curtsy apply?
5. Is the ownership as a life tenant?
6. Where is the interest located (intestate laws of the situs of the property controls)?
In some cases, a wife is not a heir of her husband on his separate property. For example, in Texas heirship on separate property, the surviving spouse receives a 1/3 life estate and the children receive 2/3 in fee and a remainderman interest on the other 1/3,
Best
Buddy Cotten
Mineral Manager
As Buddy stated, from my ten years' experience, whenever the minerals were located in one state and the Decedent lived or died in another state, my clients always went with the Probate Code for the state in which the minerals were physically located. In one case, the Decedent lived and died in Missouri, and the Probate Code there was totally different than Texas, where the minerals were physically located, and some of the family who would have benefitted under the Missouri Probate Code objected, but we stuck with procedure and nothing else happened.
As far as Deloris' question about ensuring that her daughter gets the minerals when she passes away, I recommend that while Deloris is still alive she go ahead and convey the minerals to her daughter in a Mineral Deed with a warranty clause, BUT reserve a "life estate" to those same minerals in the Mineral Deed so that Deloris can enjoy the benefits of the minerals until Deloris passes away. Whenever that happens, her daughter AUTOMATICALLY becomes vested with fee simple title to the minerals, and no Probate whatsoever would be needed (at least as far as those minerals go). She should be able to get a Mineral Deed typed up, printed, notarized, and filed at the County Clerk's Office all for about $200-$300, would be my guess.
Thank you Mr Wrench. What the Mineral Deed, as you described it does, is exactly what I want to happen. I will contact the attorney in Williston. He has handled any legal matters regarding the North Dakota minerals. I want the element of continuity of information in tact. This will meet that end.
Again, thank you Mr Wrench, Mr Kennedy. I am forearmed with good information, that I can understand, and for once, gives me a great measure of peace of mind. I have been wrestling with this for some time. I could have just gone to the attorney and let him decide what to do, but then, I would just be the mushroom who paid for a service but understood nothing. My sister is in the same situation as I am. Will give us both an easier feeling.
Deloris
P.S. Then whenever Deloris passes away, all her daughter has to do to start receiving royalty payments (assuming there is production on her minerals at that time and the Lease is unexpired) is show the oil-and-gas company a certified copy of the Mineral Deed filed long before. One postage stamp or one fax, no lawyers, no cost.
I just sent a copy of these suggestions to my daughter Angela and to my sister and her daughter. I don't want to lose this information. I even made a pencil copy and put with my will. Might even make a copy for my refrigerator door.
Deloris