Greetings friends!
I am a novice … to say the least … and would greatly appreciate any guidance you can provide. (As a newbie to the forum, I have recently gone thru several threads hoping to gather the answers to all my questions. Unfortunately, I feel I still do not know exactly how to proceed, since it seems there are different laws for different states. So I apologize if this is something that has already been addressed …)
I live in Los Angeles, California. I owned undivided interest in a Warranty Deed/Mineral Deed my mother left me years ago. I sold my share of the land, and retained the oil, gas, mineral rights in 2009. (It is 100 acres located in Shelby County, Texas – Squire Humphries Survey A-280) I would like to transfer my mineral rights to my daughter before I die. I have a copy of a Mineral Deed my mother used when her mother transferred rights to her name. I typed an identical copy using my name and my daughter’s. Am I correct in understanding that all I need to do now is take it to get notarized then have it filed with the Shelby County Clerk? Is there any other legal action that needs to take place? My daughter will then legally own my shares? (The property is not producing and the last lease was many years ago, so I’ve gathered that no one else would need to be advised of the change. Is that correct?)
Thank you in advance for your help!
Mr. Coles,
I looked at your 2009 Deed in which you reserved the minerals under the 100 acre
tract in Shelby County. Rather than copying your mother's deed, I would advise you
to have a mineral deed prepared, conveying all your undivided interest in the oil, gas
and other minerals in this tract, as reserved in the 2009 deed, instrument #2009-004478.
And yes, all you need to do once you have a properly drafted instrument is have it notorized
and recorded in Shelby County.
Bobby
I concur with Bobby Grace and once the deed is recorded and returned, attach it to a letter to your daughter with any history of leasing, drilling you may know about concluding that the property had minimal value at the time of transfer. That combined document will save your daughter time and money if she is fortunate enough to generate income from the property in the future.
You are a generous, far-sighted Dad. Way to go!!!
Gary L Hutchinson
Minerals Managment
Thank you Sir for your help. I appreciate your reply.
Thank you for the additional guidance. Hoping my daughter and grandchildren will one day prosper from this little piece of Texas!
Hi, Robert -
Attached is an example of a Mineral Deed you are welcome to use to prepare your deed to your daughter. I don't know if your deed from your Mother has them, but the two Notices at the top of the first page are required now in Texas. The first one for Deeds, Assignments and Leases of any kind, the second for Mineral and Royalty Deeds.
You will, of course, need to change the names, addresses and legal descriptions. Don't forget to change the name of the County above the legal description(s). If you would like me to look it over before you sign it, I will be happy to.
If you will send your legal description, I will look the area up for you and let you know what is going on around your lands. Who knows, you may already be rich!
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
519-SAMPLEMINERALDEED2017.docx (22.3 KB)
Oh my! Charles you are a Godsend! Thank you so much!
I will use this template then send it over to you to look it over. You will then have the legal description, so you can look up the area!
Thanks again for being so extremely helpful!