Landman Required

[skc4355]

Hi, We have found out through a broker that 3 generations back a family member was deeded via a well mineral rights in Reagan County, Tx. I have the family tree and have call the operator to find if there is a missing person associated with the lease. They said yes and the name matches the family member. Thy said that the family need to record affidavit in the country and provide proof. The family doesn’t live in Texas and we will need some local help getting this all done. Can anyone provide a good source? Landman?

[fttxguy]

HI, in order to cure a stranded interest in a title chain, typically an Affidavit of heirship is the corrective course of action, in the county in which the property lies. (explaining family history from that person into the current owners, if intestacy calculates it)(i.e., Texas Intestate statutes governs heirship and distribution of interest when a Last Will and Testament is not used. If a LW&T is probated, then it governs the distribution. If it is probated in Texas, then whatever county probated it, you will need to record a certified copy in the county where the interest is…if it is out of state probated, then an Exemplified copy needs to be obtained and recorded there…and/or a Texas Ancillary probate (recommended) be undertaken. While a landman can assist you, these are typically matters for an Estate Attorney. Also, check with the Texas Comptrollers office for Dormant Accounts, as any payments or revenue on the books escheats to their office where a dormant account stays in their archives until claimed. You can search that family member at www.claimittexas.gov

Your statement “deeded via a will, mineral rights” is confusing. Is it a deeded MIneral Right (subsurface real property by Texas Property Code), or a royalty interest (revenue or interest associated with production in a well, being Working Interest, Non-Participating Royalty Interest, or Overriding Royalty interest…those would be well related, but different than Mineral Interest)…Mineral interest is perpetuated and exists as property even after or before production…well related interest/royalty interest (WI and ORRI) are specific to that well and its production, for the most part.