Heirs Needing Help!

Law & Legal
1

Need help please!

In 2009, my father died leaving a will for all his belongings to be divided equally between all 8 children. Before the gas wells were divided one of his heirs died and her daughter never probated her will. We have been trying for almost a year now to get the wells changed over into our names, but are still fighting it. Part of the problem is that the excutor on the estate, my brother who has health issues, does not get a lot done and I wind up having to get it all done. Several of the heirs do not want the hassle of having a share in the mineral rights as they don't want to have to worry about paying property taxes, and income taxes on such small amounts.

Question: What will be the process? Will we be able to divide the wells between only the siblings who are interested? Will my deceased sister's children have any rights to her share?

We have contacted the gas companies and they are finally asking for all the heirs addresses, but it has been almost a year.

There is now also unclaimed money for each of the wells in the state comptrollers office. I have already sent them all of the information that they asked for over 6 months ago and when I check on the status it just says they are still looking into the claim.

2nd Concern:

Right after my father died, he received a package that looked like a division order. He was supposed to sign it and return it, but he of course had already passed. I gave it to my brother to handle and he does not remember it, nor does he know what he did with it.

Question:

Is it possible there are more wells that we don't know about? Is there a way to find out if a well is getting minerals from my fathers 22 acres without concent? I know that there are several wells that are sitting just outside his property line, but those are not the wells that he gets paid on.

I am new to all of this, but want to make sure it all gets taken care of.

Thanks in advance for any help you can give,

Ginger

2

Ginger, in what state is the mineral interest located?

3

Texas, Johnson County

4

I have found the answer about the wells and if there are any more we don’t know about, but I still haven’t gotten an answer about the process of dividing up the wells between siblings, etc.

5

Ginger,

I'd begin by contacting the Johnson County Register of Deeds, give them the legal description of your land(s) and see what the deed(s) and lease(s) have to say.

6

Hi, Ginger -

The Attorney handling your Father's Estate should be able to answer all of your questions, but I can offer the following observations:

You said your deceased sister died Testate (left a will). If it is probated prior to the legal deadline for doing so (I believe it is 4 years from the date of death in Texas), whatever provisions she has in her Will will prevail as to the division of her interests.

Since the same basic properties are involved, it might be most cost effective for the same Attorney to handle your Sister's Estate as well.

If she had not left a Will (died Intestate), or If her Will is never probated, then inheritance of her interests will fall under the laws regarding intestate Succession in the State of Texas (you can Google it): Her children will each receive an equal share of their mother's interest, subject to a 1/3 Life Estate that goes to her surviving husband, if any.

I suggest that you speak to your brother and the Attorney about your applying to become Substitute Executrix of your Father's Estate, if you can do so without causing any rifts within the family.

Either way, you or whoever is Executor / Executrix should have everyone who is not interested in the inheritance quitclaim their interest in your Father's Estate. The remaining family members will divide up the interest among themselves, subject to the terms of your Father's Will.

Unclaimed Royalties are not typically turned over to the State Comptroller's Office for something like 7 years. If you have at least 7 years of royalties being held in suspense, then somebody really dropped the ball.

The Executor or the Attorney should contact the Comptroller's Office and file a claim on the unclaimed funds before they are lost forever.

If you will send me the legal description of the lands, copy of the lease(s), Division Orders, names of the wells, etc. I will be happy to take a look at the properties for you. I will also need your Father's name as well.

With any luck, I may be able to tell you fairly accurately how much money due the family is being held in Suspense.

If you want to send it privately, accept my invitation to become A Friend on The Forum and you can send it to me that way.

Hope this help -

Charles Emery Tooke III

Certified Professional Landman

Fort Worth, Texas