My sister and I lost our dad in September of 2019. He died from COPD and malnutrition. Dad was living in Southern California barely scraping by. He was living off of his royalties 10-20k per year in mineral rights from wells in Texas. Dad didn’t leave a will, and we live in Oregon and Washington state respectively. We have been struggling to cope, and neither of us are sure what to do. My sister is a single mother of two, and I’m recovering from open heart surgery. Any guidance offered would be most appreciated. Thanks John H
My condolences on the death of your father. That is so overwhelming. My thoughts are with you as the same thing happened to me. You can figure this out. It will just take a bit of detective work on your part. Luckily, many online resources are free or minimal in cost to get you started.
Since he died with no will, you will have to abide by the intestate laws. One of the attorneys listed in the directories above may be able to tell you if you abide by California law and settle the estate and then file in Texas in order to transfer the title to the minerals to each of you and any other heirs determined by law. You might try Wade Caldwell first since he is a Texas attorney and is used to handling questions about probate. Richard Winblad is another one, but he works mostly in Oklahoma. However, one of them may have a contact for you in California.
Do you have any paperwork from him? Do you know where he had minerals in Texas by county? You will have to contact the operators of the wells that he was receiving minerals from. There may be bank deposits or check stubs that you can track down. They will be able to tell you how to get the title transferred to their satisfaction, but you will probably still have to file some sort of probate documents. He may have had other minerals that are not in production, so look for those.
Look in his records and see if he was paying property taxes in TX on the producing minerals. That is another clue. There are several sites in Texas that have listings of mineral owners. I think Texasfile.com is one of them. One of the Texas folks may be able to help you more.
Also, search in the unclaimed funds for Texas in the Treasurer’s office. You might find something there.
You may get offers to buy as some buyers just troll after a death. Slow down and get the title settled first and figure out what you have first.
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Hello M_Barnes, Yes our dad was paying taxes for the properties in question. We do have paperwork showing the leases, production, etc. Thank you for your help. My sister and I live in Oregon and Washington respectively. Having mineral rights in Texas, and having our dads estate in California doesn’t help things. Thanks again
John
Look up the Texas Laws of Intestate Succession. Since the property is in Texas, you go by Texas Real Property Law. It’s likely that you and your sister inherited 1/2 shares each, and all you need to do is file an Affidavit of Heirship regardng your father’s estate. You can try to ask the operator(s) what they will require to transfer ownership properly. They should answer, but sometimes they’re slow. You can also hire a landman ($300-500/day rough average) or an attorney (way more expensive) to verify title and suggest what’s needed to properly update ownership. Lastly, if you’re looking to sell outright, then a mineral buyer will run title on their dime. However, it will still be smart to get a landman to independently verify the ownership for you, so that you know the buyer isn’t taking advantage of you.
Because the decedent died intestate, the Texas laws of descent and distribution and the two daughters will inherit equally assuming there is no surviving spouse or other children. Some type of Texas probate proceeding will need to be implemented and depending on the facts, an affidavit of heirship may be sufficient.
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