I recently purchased minerals from an individual who inherited them years ago from her father. Royalty payments were still being made to the father, even though he had passed. The minerals were assigned to the daughter through a handwritten letter that was never notarized or recorded. Now, the operator will not transfer the interests to me, and the county will not record the handwritten deed. There was a will and multiple other heirs. However, the father intended for the minerals to be passed only to the daughter, and as such the minerals were not mentioned in the will. Any advice on how I might proceed would be appreciated! Thank you.
You will need to file a quiet title suit.
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Thank you. Sounds like I’ll be spending some money, unfortunately.
Your purchase is not valid because it was not done properly when you supposedly bought them.
Like Tim said, but since the minerals were left out of the will and they are now worth a lot/fighting over, good luck as the heirs would have a strong case assuming he had/has a wife and other children at the time of his death.
MO5 may not be correct. If a document contains the element of a deed, such as identification of parties, words of grant, a description of the premises enough to determine what property is being referred to and it is signed, it may be considered to be a deed. But it will still need quiet title suit.
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This will be complicated and depend on all facts and circumstances. What is exact wording in the letter? Was the will probated? What state are minerals located? What are exact provisions of the will, in particular the rest and remainder clause applying to disposition of assets not specifically mentioned in other specific bequests. If not probated, then state law regarding heirs. What is wording in your deed? Did seller warranty title? Was it a quit claim deed? You need to consult an attorney experienced in oil and gas title and estate law.
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I agree with Tim. Color of title.
Ultimately it will require a court decision to settle title as that will be the way to satisfy the title requirements of the oil company in order to get into pay. This could be a long and expensive process, depending on whether the other heirs contest the suit.
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I tend to disagree about Color of Title and Suit to Quiet Title, but I suppose it depends on the state in which it occurred. In Texas, for instance, the conveyance/assignment without notarization does not satisfy Texas Real Property Statutes for a valid conveyance, which is likely the reason the courthouse clerk’s also won’t record it, because it isn’t a legally binding contract document according to the parameters set forth in those Statutes to vest interest of real property.
sometimes, if we have a document we wish to get recorded, but has a defect like a missing acknowledgment/notary, we draft/execute an Affidavit (like Affidavit of Fact) and make reference to the document/assignment in the text of the Affidavit, then attach it as Exhibit A to the Affidavit. That usually gets it past the recorders scrutiny.
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Tx statutes provide that the document is binding between the parties. § 13.001. Validity of Unrecorded Instrument Currentness (a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law. (b) The unrecorded instrument is binding on a party to the instrument, on the party’s heirs, and on a subsequent purchaser who does not pay a valuable consideration or who has notice of the instrument.
Here is another wrench, was the father’s handwritten note a holographic will or codicil?
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Why would the Father transfer these minerals to his daughter and not record them if he had enough sense to have a will? Did he have a “life estate” in the minerals or other property? Was he trying to “hide” it from the other family members or a wife that was not the Mother of this daughter? I would not have bought them without knowing a lot more about the title.
Thank you to everyone who has responded. I’ve learned what steps might need to be taken to ultimately secure title. I appreciate it!
Mineral_Owner5 - Please don’t bother to post if you have nothing useful to say.
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I expect that you did not intend to be rude to Mineral5. People contributing on this forum can only give some thoughts about possible solutions to a problem and not guaranteed answers, in part because so much i\depends on the exact wording of a deed or lease and on state law. At the same time, someone’s experience or dilemma serves as a warning or learning experience for others so that do not end up in the same position. For example, your situation highlights the necessity of title research before making a significant investment and the elements of what oil companies require before paying royalties. One warning sign was that royalties are being made to a dead man and someone who is apparently not his executor was cashing the checks. I think that Mineral5 has made a valid point that it is even possible that the father’s letter is a forgery.
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I meant what I said. Read his two separate responses again. Everyone else who posted tried to be helpful.
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Un-Notarized, handwritten deed he’ll loose that QTA handedly.
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This forum is not just about you. It is about everyone. People were posting about an interesting legal quandary and the consequences of buying minerals without clear title. This is not the same as being on your side against those who may be the rightful heirs under the will or under state law. If the other heirs post to ask how to get these minerals, they will also get suggestions from the same posters. Mineral5 is correct that you bought minerals without good chain of title and you may never get title. The fact that you do not like what he said does not make his statements wrong. He posted as a warning to other buyers to do their homework. That is too late for you, but helpful to the readers. If you want only personal assistance that is only on your side, then go to a title attorney.
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An attorney in the jurisdiction where the minerals are located should be consulted. The case has warts that might or might be able to be cured.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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