Previous royalties paid to State Treasurer in original grantors name of HJ McMullen

**[quote=“rjdj3530, post:1, topic:40522, full:true”] So hopefully I can explain this to where it is easy. In Feb of 2015 my uncle donated 10 acres to me and my husband so we could build a house. This donation included mineral rights. I am dumb to all this so I assumed things that weren’t necessarily true. I assumed that oil & gas companies keep up to date records and that any payments owed to me would start coming to me.

Here we are 4 years later and I had started digging since I knew for sure my uncle was getting payments. I find out that when I acquired the land that Buesa was the production company and Indigo took over in 2017. Indigo already had funds holding and just needed my tax info and I received a check this month for production for all of 2017 and 2018. I was directed to contact Buesa about 2015 and 2016.

I contact Buesa and they inform me that because they weren’t informed of the transfer of title for our 10 acres that they in fact paid my uncle per the original O&G lease. She further informs me that is my fault for not informing them of the transfer in 2015 and it is now between me and my uncle to settle.

Do O&G companies really not do periodic title searches and is this in fact what I will have to do if I want to be paid what is owed? [/quote]

**HJ McMullen sold to A.C Smith. H.J McMullen died leaving Susie Mcmullen executor .Then Susie McMullen sold over several months the remaining mineral and royalties interest " this is pertaining to all the seperated interest H.J McMullen had and sold to A.C Smith had then acquired " to A.C Smith. A. C Smith then sold to two people (2) (1) being F.L Welch. F.L Welch then sold his interest to my Grand father in 1942. The State Treasurer is holding the royalties in the original grantors name of H.J McMullen. It was recorded in Cotulla Texas assessor in 1942. The landman included the operators producing in the previous years. Lakewood being one of the operators. When I called Lakewood " Pamela Fiest " Stated to me they could not track down the owners. Why not ? I have no clue , Seeing it was recorded in 1942 in Cotulla Texas . Now the State treasurer is telling me to contact the operators to collect my past due royalties . The woman "Dana Smith " assigned to my claim will not read the documents. Please advise me on this matter .

Please read in it’s entirely.HJ McMullen sold to A.C Smith. H.J McMullen died leaving Susie Mcmullen executor .Then Susie McMullen sold over several months the remaining mineral and royalties interest " this is pertaining to all the seperated interest H.J McMullen had and sold to A.C Smith had then acquired " to A.C Smith. A. C Smith then sold to two people (2) (1) being F.L Welch. F.L Welch then sold his interest to my Grand father in 1942. The State Treasurer is holding the royalties in the original grantors name of H.J McMullen. It was recorded in Cotulla Texas assessor in 1942. The landman included the operators producing in the previous years. Lakewood being one of the operators. When I called Lakewood " Pamela Fiest " Stated to me they could not track down the owners. Why not ? I have no clue , Seeing it was recorded in 1942 in Cotulla Texas . Now the State treasurer is telling me to contact the operators to collect my past due royalties . The woman "Dana Smith " assigned to my claim will not read the documents. Please advise me on this matter .

At this point I would suggest hiring an oil and gas title attorney for an opinion, depending on the value of the property, and proceed from there.

In Texas, it is the mineral owner’s responsibility to make sure their title shows up properly in the deed records and to notify the operator of changes in title. The oil company or operator is not required to keep up with your title. Further, they are required by law to send royalties to the owner of record until notified of new ownership. Many oil companies have thousands or even hundreds of thousands of royalty owners and it would be incredibly hard to keep up with each individual royalty owner’s title.

It was in my trust till I was 21 and released to me as none producing .Thank you! Until I collect all my grandfather’s money I do not plan on selling . The state treasurer claim examinor " Dana Smith "is obviously related to A.C Smith The wolf in sheep’s clothing.

You want advice? Contact a lawyer. “Dana Smith” is doing her job. She can’t advise as to the meaning of any documents.

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The State of Texas Comptroller generally requires two separate groups of documents when reviewing claims for unclaimed mineral royalties. The first is a chain of probate and/or chain of ownership. Texas requires a probate for each person in the chain of inheritance for all claims over $10K. The second thing Texas requires is Division Orders from the operator. So you would need to submit documents to Texas showing the entire chain of title from H J McMullen to your grandfather and then a chain of probate from your grandfather to you. You would also need to submit similar documents to Lakewood to have them transfer your grandfathers interest to you and issue you Division Order. Texas won’t process the claim without all of these documents.

Let me make sure I understand. There is somebody in the state of Texas with the last name of Smith and there is a state employee with the last name of Smith, so they are related? A simple google check indicates there are 230,000 people in the state of Texas with the last name of Smith.

I have all those documents and it was recorded in 1942 in my grandfathers name then in 2002 in my name . I have tried to submit the documents yet the file is to big . I have mailed documents .Tje documents i have mailed and uploaded this lady who keeps taking the claims will not read the documents . I finnaly recieved a division order on 1 well . I sent it back andtold them to correct the percentage .I did not recieve a bonus check .

If you had all your retirement money sitting in the state treasurer that is rightfulky yours i am sure you would feel differently . Do you have a lawyer you can refer me too?

I have all those documents . The chain of probate and the chain of ownership . I have a current division order from XTO . Lakewood sold to XTO before I did my investigating and found out it has been producing . Yet the Landman gave me the procuction records .How do I make sure my title shows up properly in the deed records ?If it was recorded in my grandfathers name in 1942 and then my name in 2002 . What more do I need to do to make sure it shows up properly in the deed records ?

There is a list of service providers, including attorneys, listed in the directory. Also you could check with the state bar for O&g attorneys. It’s good that you have your documents together to support your case.