Transfer of Ownership of Leased Mineral Rights Only

Yes, my mom inherited 1.5 acres mineral rights only in Dawson County through Affidavit of Heirship. She has given me the same through her Will at death. The mineral rights at this time leased by CGS no drilling no royalties.

We need to move her to nursing home she can’t own the mineral rights so I need to go ahead with her permission and transfer to me now. I do have full drable power of Attorney as well. Living on fixed income.

Does anyone know the steps to do that? Can I simply download the appropriate Quit Claim Deed for Dawson County, have it completed and filed with Dawson County then send the completed filed Deerd to CGS to update and transfer lease from her name to mine with the Deed?

This topic has been covered before on the forum. There may be legal ramifications with respect to nursing homes and that type of transfer. Do a bit of searching on the forum using the magnifying glass. You may need to speak with an attorney who specializes in elder care.

Ok thank you, I have spoken with nursing facility and asking for appt with oil gas attorney

You need to visit with a Texas Elder Law Attorney in your area. A transfer might not be necessary. Also there are ways to protect assets without jeopardizing eligibility for Medicaid and/or VA nursing home benefits. An oil and gas attorney might not necessarily be qualified for this task. Ask lots of questions before going with one.

Good questions to ask: “Will this transfer create a penalty period?” “Are the minerals ‘countable resources’?” “Can we avoid a transfer penalty by use of a Medicaid compliant promissory note?”

This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship.

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