I was recently contacted (again) by a landman in Harrison county Texas, regarding a gas conveyance that my mother sold in 2009. My mom inherited it from her mom in Harrison County Texas. She since passed away in 2017.
I received a letter from the original company that my mom conveyed her gas royalty to this week, saying the State of Texas won’t allow the producer to drill because their paperwork isn’t in order. They asked me to sign a affidavit saying my grandmother died without a will. That is not true. I have both her will and trust. I don’t understand any of this.
My questions are, 1. Who regulates gas conveyances in Texas? Do I contact them or do I need a lawyer ? 2. Is there some new interest in drilling in that area?3. If the paperwork was incorrect 13 years ago when it was conveyed wouldn’t it still belong to my family?
I am in California so I have no clue where to get answers .Not sure who to trust. It’s also strange because in October 2022 I was contacted by a entirely different company that was trying to determine heirship for the same well. They determined I am her heir but said they thought all the royalties were sold by my mom in 2009 but it appeared to be some remaining, whatever that means. I assume they are the producer. I am a newbie so I apologize if this is the wrong place for these questions.
Any suggestions would be appreciated.
Most likely there is a break in the chain of title asserted by Buyer X and it is not getting paid royalties. The well operator will not pay until title from your grandmother to your mother to Buyer X is clear. The State of Texas does not care one way or the other and is not preventing drilling. Title attorneys care and just like your house the title needs to be clear. Question is what is the issue. Did you mother only sell part of her interest and so her remaining share goes to her heirs? Or did she sell 100% but title is still in your grandmother? Was your grandmother’s will probated so title passed to either your mother or a trust? If not, then it is likely too late to probate the will, but that depends on the state where your grandmother lived. In that case, title passes by intestate laws. If probated and there is a trust involved, then maybe your mother signed as individual and not as trustee. Do not conduct legal business only by phone. Ask for a full explanation of the problem in writing or email and a copy of the document they want you to sign and a copy of the deed your mother signed. Then you can have a Texas oil and gas attorney help assess what to do. Do you have the deed your mother signed with a legal description, such as section, block, survey, or abstract? Post it and someone can see what wells are drilled there. Also, it might be possible that there is a second tract which was not included in your mother’s deed.