I received some mineral rights from an inheritance without my knowledge. While investigating under my name I noticed someone else’s name claming them but yet it’s still under my name. These are in Texas, I am from Minnesota what is the best way to take back my rights. I know who these people are. My friend passed away in February. These people have been harassing me for a couple years now.
You will probably need legal help to get the minerals transferred properly into your name. The directories tab above has several attorneys who practice in TX. You may need an attorney in the state where the owner passed away to probate first there and coordinate with the TX attorney.
Toni: you will need to be sure your interest in these mineral rights shows up in the deed records of the Texas county where the mineral interests are located. First, in most states, the will with the bequest to you needs to be probated. Check with a probate attorney in the state where your friend lived for their procedure. Then, the executor who is appointed in the probate proceeding should have a Texas attorney prepare and file a deed for these interests from the estate to you. Then you can send a copy of the file-marked deed and a W-9 to any oil company who is producing these mineral interests and they can transfer ownership to you. You can also check with a Texas attorney about whether a copy of the will can be filed as a muniment of title, which will avoid the probate procedure.
I assume your friend left you these mineral rights in his last will and testament. If this is the case and the will has been admitted to probate in any state, then in Texas, if you can file in the county where the property is located authenticated copies of his last will and testament and the order admitting the will to probate to clear title to the minerals. Then it is just a matter of ensuring that the instrument copies which have been filed in the proper Texas County or counties are brought to the attention of the oil companies that are paying the royalty.
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