Three older sisters inherited from long estranged family. One sister died and her husband has rights at present. He wants to sell. I am contemplating purchasing his share for what has been tentatively offered though no recent activity has been forth coming.
How do I get legal title? We have received virtually nothing on the various pieces of land for years. Can I draw up my own contract, get it notarized, exchange funds and record the transaction but where?
It has more sentimental value than actual worth at this time.
Thank you for making this site available.
You will need an attorney licensed in the minerals’ state to draw up the deed document per the laws of the state. One wrong word can mess up the entire transaction.
Do not proceed without an attorney licensed in the state where the minerals are located.
This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship.
Been there, done that. Get an attorney to draw up universal deed of transfer and file in county where property located depending on state laws where located… Considered real property in Texas. 40 years can go by and no activity and then BAM…tech changes, money available and lessors need to know how to find owners (your family members). Often they only use county records and sometimes cannot find anyone. That’s been my personal experience. Like real estate it is Location Location Location. Try to NEVER SELL
Thanks for all the info. Maybe I am on the wrong end of things, but paying an attorney $200 plus an hour to have him holler at his clerk to put my name of a form 43C to transfer an interest that has been bringing in a steady 2-5 dollars a year seems overkill. I am having trouble understanding that a mineral deed is so complicated there cannot be a pre printed form for it, although I am sure an attorney would have you believe that. These have passed thru 4 generations and there has never been a deed yet, just probates.
An incorrectly done transfer will cost a lot more down the road than the cost of doing it right now. However, I always say if you are the kind of person who would perform their own appendectomy, then by all means, do it yourself. ;>)
You are probably correct, most say the same about Real Estate. I have bought, sold, and financed 5 residences, never paid a realtor or lawyer, never had a problem yet, I even type up the deeds. Most everyone tends to overthink a lot of simple things rather than educate themselves. Granted I am a do it yourselfer much more than most. I guess I would have to see an attorney prepared sale to be convinced that a properly worded form would not have done the same thing. You own it, you sell it, you get paid for it - end of story…
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