Question on mineral interests calculations

My grandfather had 40 nma in Ward County. In later years he conveyed an undivided ½ interest to my father in that tract. Now each own ½ of the 40 nma. When my grandfather died he left his interests to his 3 children giving each one 1/3 interest. All of the 3 children have now died and left their children their interests. So the interest my father had from his father gives me and my brother a 1/6 interest each. The ½ interest that my father acquired in later years (as mentioned above) has been divided between my brother and I. So that gives me interest from 2 inheritances, some from my grandfather’s side and some from my father’s side. I am questioning how the land company calculated my interest for bonus payment. On my grandfather’s side they say I have a 1/8 interest out of the 40 nma for a total of 5 nms. Not sure where they came up with the 1/8, I would have thought it would have been 1/6 out of 40 nma. But my biggest concern is how they calculated the interests from my father’s side. They say he had half of 20 acres for a total of 10, so that is split between my brother & I for 5 nma each. I disagree and believe my father had ½ of the 40 giving him 20 nma. So when that is split my brother and I would have 10 nma each, not 5 nma.

My lease was done in June 2016. If my calculations are correct would I be able to go back to the land company and get paid for the error? Or does it look like the land company was correct in their calculations?

It depends on the wording in all of the deeds and the title history. You talk about 40 NMA - do you mean 40 gross acres? Look at the legal description in the deed as it describe the gross acres in which your grandfather owned minerals. Did you grandfather own 100% of the minerals in 40 gross acres = 40 NMA or only 1/2 of the minerals in 40 gross acres = 20 NMA? Next is the wording in deed to your father - did assign 1/2 of your grandfather’s mineral interest or does the language give your father 1/2 of 1/2 of the minerals? For example, if you grandfather owned 40 acres and it was community property with your grandmother and only his name was on the deed, and he gave 1/2 of his interest to your father, then your father 1/2 of 1/2 of 40 NMA = 10 NMA. If your grandmother died first, did she have a probated will or did the minerals pass under Texas intestacy law? There are a lot of factors here.

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Ha that’s exactly how my reply started Tennis. I saw you replying and know you have good advice, so I let ya have it :+1:

I would like to hire someone to look into this. Is this something you could do? I have a copy of the deed where my grandfather acquired his interest but it does say how many acres. Where would I find that information?