When to get an attorney involved? My family was contacted over 10 years ago about a relative, Cora Mae Rhodes, that had bought land in Loving TX and died without a will. She had no children so this has taken years to get the determination of heirship all figured out. We have been signing paperwork and going back and forth with Landmen, lawyers and we were told we only had affidavit to get signed (we did and sent in over 4 months ago). Still no word on anything. We did contact a lawyer who told us the Texas law with mineral right is very specific and we just need this to play out and we will get our shares. I feel like this has been way to long and want to get a lawyer (In Texas) involved. Any suggestion on who I should contact. Thank You!
These sorts of issues can take four-six months (or more) to get straightened out. Did you file the affidavit in the courthouse where the minerals are located or did you send the affidavit to the operator to file for you-that could contribute to the delay? Depending upon which operator you are dealing with, they may be handling millions of mineral owners, so these items take time. Depending upon the answer to the first question, can give a next step.
Complexity depends on the number of generations and children, marriages, etc. and proving that each group is indeed related to the descendant. However 10 years is a long time to be working on the family tree. Have you been provided with any of the family information and how the interest will be apportioned? Do you have your own lawyer advising you or are you relying on the company’s lawyers? Martha is correct that the affidavits have to be filed in the county records as part of establishing title. I expect that the operator will not pay until 100% of the Rhodes’ heirs ownership is determined. Did the affidavit you signed set out 100% of the heirs and their proportionate interests? The company may be still be waiting of additional signatures. Keep good records of all correspondence and information, including any deeds or other documents for you records.
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We had to have 6 affidavit’s signed and then sent them back to the lawyer who is working on this, to get the title clear. When I would email her on updates she would usually respond within a few day, for the last 3 months I have emailed her (once a month) and no respond from her. I sent the affidavit’s in May and that was supposed to be the last piece of they needed.
TennisDaze, you are right, very many people involved! They have sent us a very involved family tree and around 100 people are involved. I have tried to hire a lawyer on behalf of me and my siblings (my father died so we are getting his shares) I have called 3 different lawyers, 2 in Indiana, they both said we need a Texas lawyer so I called one who was close to Loving TX. He was very nice, talked to me for about 30 minutes explaining that I don’t need a lawyer, that the courts have someone who they should have assigned to this to protect our interest. I do have everything they has sent us and all the emails. It is a Huge amount of paperwork. I was told those 6 signature we sent back were they final paperwork they were needing to complete my great grandmother heirs.
I would also add that once you get the heir ship straight, ask the operator for a copy of any leases that are holding your acres.
Check to see if the Affidavits have been filed!