Please help. I have a share on some mineral rights/family is leasing out


I got a phone call about 6 years ago from my Aunt, who I hadn't heard from in a very long time that said I had mineral rights and that I would be getting a call and letter soon. The mineral rights were to be split between her, 2 of her cousins, myself, and my 2 brothers. My Grandfather had 2 daughters, my mom and my aunt but my mom passed away so that's why it was passed to my brothers and I, etc.

I never got that phone call or letter and my brothers say they never did either.

I've asked my aunt a few times and she blows it off but that is a long story and I'm scared to hurt what little relationship we have. I'm the only one of her nieces/nephews that she will speak with, also her health is not the best and I don't want to push it. But she says they did hire a lawyer and it was made into agreement that we would not sell them but instead lease.

I feel like everyone is being very fishy and secretive about this. So I need to take matters into my own hands and figure this out myself.

I did get a hold of one of my Mom's cousins and she says she is leasing out her share! Why aren't I???? Everything seems so vague and confusing. She says she does not know why I was not contacted from the landman or whoever is handling it. She says I should call the Terry County courthouse to get exact legal description of my grandfather's share. I'm trying to gather as much advice before I do so.

I am a single mom now, working really hard to take care of my daughter. It is my duty as her mother to make sure she has the best life I can give her. Not to mention, I need to put this in my will to pass on to her.

If anyone has any advice or can help me I would appreciate it. Where do I even begin?

Millie,,,,,I would advise you if any way possible to make a trip to the Terry County Courthouse and dig, dig, dig until you find out what you's possible you might find a landman in town that would accompany you and help you for a fee. You also may have money coming to you in suspense.

Clint Liles

Terry County records are on-line with and you can search by the name of your grandfather to see if there are assignments from his estate or look at names of your cousins and aunts to see if deeds were transferred into their names. Also look for leases in the names of your grandfather or a trust with his name, as well as names of your aunt and cousin. Then you can contact the oil company to ask about the title. If you post some names, then someone may start to look for documents that you can order. Based on the phone call, the letter should have been from your Aunt as executor of your grandfather's estate or from the probate attorney. You need to address this before too much time passes to protect your rights.

Is a living trust document ever made public, like a will? ... All documents that go through probate, including wills, become public record. Remember, though, that living trusts do not go through probate. Therefore, living trusts are never made a matter of public record.

Ask your aunt for lawyer's name who made the agreement. Also, see if your cousin knows of the attorney involved with your family's estate. They may be the same ... maybe. Then contact him/her with your concerns.

Good luck,


Hi Millie!

I seem to have hit the wrong button and deleted my response, so here goes again:

It sounds like you have some exciting stuff going on!

I betcha' everything will be just fine. Just don't forget to breathe.

Even if your Aunt isn't being very cooperative, at least she called you.

It may be as simple as the Landman hasn't found you yet. Call your cousin back and get the name and contact information for the Landman they are dealing with and give them a call.

Your cousin's lease will have the legal description of the lands being leased in it. Just bear in mind that their may be additional lands you own an interest in.

And if they propose a lease, add a provision to it requiring the company to provide you with copies of any Title Notes or Title Run Sheets they have prepared or acquire on your lands. Ask for maps, too.

That will be the historical information on your lands and interests from Sovereignty to date that costs thousands upon thousands of dollars to prepare, for free.

In the meantime, where was your Grandfather's last place of residence and did he leave a Will?

Hope this helps -

Charles Emery Tooke III

Charles is there any way I can send you a private message? I'm just not getting anywhere with my family. I really need to work on my daughter's will. I need to get this in there, and of course it would be nice to receive something that I deserve. Can you help me? I used the Texas Land Records website and got nowhere, but maybe I'm not using it correctly.

Hi, Millie!

Sorry for the delay in getting back to you. I've been busy the past few weeks and I am just now catching up with The Forum

If you will accept the invitation to become "A Friend" on The Forum, we can send messages and attachments back and forth more privately than here on one of the General Pages of The Forum.


Go to the court house where the properties are located and find someone there to help you search the records. There might be some landmen working there. Find the exact location of the properties and come back to this site and ask someone if there has been any drilling on your minerals. Good luck. Bob Malone

I have been thru the same thing, and most of the advice was worthless. My second wife’s dad died 21 years ago and his estate executor has been receiving and cashing the checks for 21 years!! The court houses would not help (privacy you know), landsmen were not interested, neither were attorneys. Not even the operator of the well until I furnished all the following documents, would even respond to correspondence! You can wast a lot of time and money if you don’t want to do it yourself. Here is my economical way to do it. If you can find the name of the operator (it will be on a sign near the entrance to the property), you can deal direct to see what is going on and what they need from you… In my case I had to send the owners death certificate, his will, his probate, his daughters death certificate, and finally an affidavit of heir ship from my daughter. Cost?, about nothing. Results: got it all done. Go to the probate court first and then from there.