Can anyone give me a recommendation for an attorney that could help me get oil/mineral shares and leases in to my name from my mother's estate? Someone that won't charge me an arm & a leg? I am in Colorado. The rights are in Winkler and Ward counties. The will has been probated in Colorado and everything is taken care of except these shares, which by order of the will go to me. I have no idea where to begin. Every time I call the county, I just get another tax bill! I've been paying the taxes for the past couple years after having to catch up the prior 5 years and someone else is evidently getting the royalties from Shell and I'm not sure who has the other one right now.
Thanks in advance for any recommendations and/or advice.
First, if Shell knows that your mother died, then her royalties will be in suspense until you clear title. You can file the Colorado probate in the deed records of each Texas county and that will clear your title. Someone on forum can give exact list, but likely order appointing you as executor, will or something showing you are beneficiary and order of distribution of all assets to you. You may need to file certified copies from the probate court. Then send copies of the recorded documents to Shell and any other operator.
I did some quick research and figured out your tax issue. Some background on how the ad valorem/local county tax system goes in Texas.
Producing minerals are subject to ad valorem taxation in Texas.
The County Appraisal District is in charge of the appraisal/valuations of your producing oil & gas interests (also real property, business, personal property, utilities, etc.).
Almost all of the County Appraisal Districts in Texas hire private consulting groups on a contract basis to do the leg work of appraising these minerals and updating ownership.
Ward Co. is represented by Pritchard & Abbott, Inc. (http://www.pandai.com/home.aspx). P&A represents the majority of counties in Texas.
The consulting group provides the Appraisal District with the information. Notices of Value are sent out, Protests are filed for a myriad of reasons, and then in mid-July (right around now actually) the Appraisal Review Board hears the protests by the parties present or those who send in affidavits. The ARB votes and their decision is the final determination.
The next step is Certification which is July 20th.
Date ARB must approve appraisal records, but may not do so if more than 5 percent of total appraised value remains under protest. The board of directors of a CAD with a population of 1 million or more may postpone the deadline to Aug. 30 or increase the threshold percentage from 5 to 10 percent of the appraised value of properties not under protest (Sec. 41.12).
County Tax Assessor or County Tax Assessor & Collector's office - The County Appraisal District then passes the appraisals to the Assessor's office. 2 separate groups. Some counties are 1 in the same. But majority are separate. The Assessor is who mails you on Oct 1st the Tax Bill with what you owe in ad valorem taxes.
I know the solution to your problem but doubt you want me to post. I'll send a request and advise your situation.