My sister, niece and I recently leased mineral rights on property in Reeves Co Texas. I thought we had someone preparing a quit claim deed for my niece to sign transferring her interest to my sister and I which followed my mothers wishes in her will. Now, however, that is not to be since this person doesn't wish to become involved. My niece is fine with this.
I am thinking that perhaps a title company might be able to do this, but don't have any idea who to contact. Any suggestions? I have a copy of the deed and an affidavit of heirship as well as my mothers will. This was not probated in California as it wasn't required. Now, however, I find that we should have done it in Texas because of the mineral rights. Found out 1 day before the 4th anniversary of my mom's death!
We really don't want to leave the title as it is. I'm afraid that if I try to do it myself, we will find that we have a title problem if we decide to lease again in the future.
Since your mother died less than 5 years ago, you may want to file probate in Texas now, probably at Pecos in Reeves County. Check with a lawyer to be sure.
That was my first thought originally, but Texas law says it must be filed within 4 years. There is a long process where I could claim ignorance of Texas law from what I understand, but felt that because my niece understands her grandmother's intent and is more than willing to quitclaim, I felt that this might be a quicker and less expensive avenue to persue
The landman you dealt with when leasing should be able to draft the quitclaim deed. Why did your niece lease if she wasn't intended to have an interest in the property?
We asked him to help with the quitclaim deed and he declined! Said he and his company were not qualified. Told us that the offer to lease would expire so we decided to have her lease, receive the bonus money, and then we would quitclaim. He told us that we couldn't go any further without the quitclaim in place. It was only after the lease was signed by my sister and niece and I that I found out that my cousin and her brother were in the same position. However, he allowed she and her brother to email a letter of intent to him and paid the full bonus to their dad. Will never lease with them again! The bonus money was good, but my offer said the bonus would be paid 10-14 days from receipt. I mailed mine January 3 and no money received until February 16th although I tried to find out why for almost a month! The end of January they wanted a second affidavit of heirship. Because I do genealogy extensively, I have assisted landmen with particulars on our family for years. This one was a joke.
Quitclaims Deeds are very basic. I've attached a template you could use. Make your niece the Grantor and whomever is intended to own the property as the Grantee. Use the property description on the lease you signed for the legal description, and have the niece sign as Grantor before a notary. Record it with the Reeves County clerk.
If it's intended that your niece convey her interest in all property she may have in the County, you could use blanket language added to the legal description, such as:
It being the intent of this conveyance to quitclaim and convey all property owned by Grantor in Reeves County, Texas, whether or not it has been described here in
In defense of the landman, he should not draft a quit-claim deed because it could open him and his company up to liability in a civil action if the form does not effectively transfer the title and is drafted incorrectly. Furthermore, if he is not an attorney, he could be charged with practicing law without a license. A lot of title problems have been caused by oil companies and landmen who accept documentation that is either not filed of record (such as sending a copy of the non-probated will to the division order department of an oil company) or is filed but inadequate to legally transfer title. At some point, the owners will be required to fix the title because an oil company will put the royalties into suspense. Delay can increase the ultimate costs. The important point here is that for anyone who owns real property in one or more states, they or their heirs have to check the law in each state and act accordingly. It is not sufficient to only ask in the state of residence. This is not what many people want to hear, but paying an attorney upfront can reduce your expenses in the long-run.
Appreciate the replies. I contacted a title company who researched at the county. He has prepared the documents and things seem to be on track. The forum pointed me in the right direction.
The title company and the agent were recommended as a result of my posting and I have to say we are very pleased with the attention to detail and the cost involved! Thanks to my new friend on this page who recommended him! Should be recorded this week....
Hi! My Sister, My Brother, and I inherited mineral rights located in Reeves County from my mom who recently passed away. My mom was receiving leases for the mineral rights since the 1960's, but it appears she never actually had a deed in her name. I did locate a warranty deed for one of the other heirs which mentions my moms name and the percentage of the minerals rights that had been willed to her. Now we are trying to obtain a deed in our names. I thought like you that a title company might be able to help. Would it be possible to get the name of the title company that you were so happy with. It sure would help
Terry
w/mineral rights located upper Reeves County close to NM border.
Hi, Terry, I’m very happy to give you the information. I dealt with Robert Hansen at Western Abstract Title in Pecos Texas. His office is 432-445-2463. Prior to retiring I had a business that required a lot of contact with title and escrow companies. With my background I can honestly say I rarely found anyone more knowledgeable or more caring and efficient. Give him a call. If he can, I know he will help you
Hi Kathleen, Thank You so much for your reply. Your experience and recommendation are highly valued here. I have done IT most of my life, so sitting in front of a PC searching is an every day event for me. Have pulled a rabbit out of a hat many times, and thanks to your help, it just might happen once more. Any other ideas you may have will be greatly appreciated. I will follow up with reply's as to my progress as this may help others as you have helped me.