Years before my mother passed away she asked me to draw up a living trust on all of the properties she and my dad had owned. I did and she passed away in 2018. I am looking for a reputable professional to review the trust papers and if deemed legal file the trust in New Mexico and Texas counties for deeds where they owned mineral rights. Filing of the trust in those counties I assume would establish in each county where mineral rights were retained the interest of the trust along with its discovery.
I had talked to an old land man whom had great knowledge with the New Mexico Amoco Bravo Dome fields where my parents owned 10,000 acres. This man stated to me that there were many owners during that rush that were duped out of their royalties. Just saying, better safe that sorry. Any advice appreciated.
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You will need two attorneys—one licensed in Texas and one licensed in New Mexico. Your post raises several legal issues. Was any of the property the separate property of either parent. Did your father die before trust was created? If so, was probate of his estate done in both states? Were deeds prepared for the owner or owners to convey property to the trustee of the trust?
I would start by searching county records (TexasFile and New Mexico) to confirm if your mom previously deeded or conveyed the TX and NM property to the Living Trust (if so, you would have a copy in your desk records) Possibly, your lawyers in TX and MN attached the abbreviated form of the trust (“certification of trust”) to the conveyance deed that transferred title from your mom to her trust. I’m not a lawyer but I think its a 3-step process, form trust, deed-convey property to trust in county land records, after death simply deed-convey title per decedent’s instructions.
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