I recently learned my brother and I inherited mineral rights, from our mother, over and under, undivided, in some diff spots in two diff counties. Don’t understand what over and under actually means.
I can’t understand the language and after pulling the affidivat my mom filed in 2019 I contacted the company listed but they do not want to produce any documents. Just stated she received a small check for a one time bonus force pool. Unable to ask her about it as she unfortunately died a few months after filing her affidavit.
They also are stating the amount a “forced pool” paid on, net mineral acre wise, was smaller than what the mineral deed states my grandfather owned.
My grandfather was married prior to my grandma. 3 kids. Divorced. Married my grandma and they had my mom. Both my grandfather and grandmother died without a will. I’ve been told my grandmas half would have gone to my mom and the other 50 percent would have been split among the 4 children. However this company who issued a check to my mom stated she only owned 40 percent, not 62.5 percent.
How do I figure out what we actually own? I have my great grandfathers will that stayed he owned 1/10th undivided, over and under in these diff 4-6 areas and that was divided among 5 of his kids at 20 percent each. Then there’s mineral deeds for the 5 children with each one stating they own 1.3788 net mineral acres but the man who sent the small check for the force pool is saying my grandfather didn’t own what his mineral deed states? Is that possible?
Apologies I am a nurse so this is not my wheelhouse. Seems like it’s not worth much at all but need some help. I did attach the will and the mineral deed. Any help would be appreciated. I live in Texas so I had to go online to find these records but seems it could be a bit of a money diff for the 1.3788 over and under versus the 0.003 or whatever this Landman company paid my mom on.
We have leases with a few oil companies but this specific force pool is for the Brooks well the oil company said at 6-7-N-4W and they haven’t been unable to answer many questions and advised me to consult an attorney.
Let me take a partial stab at this.
First, unless you know what your great-grandfather owned initially, then the remainder of the chain of title doesn’t get you anywhere. It is possible that he didn’t own it all.
Second, is it possible that your grandfather didn’t own what the mineral deed states. Very possible and not uncommon.
Sorry for the loss of your mother. In order to determine the minerals owned requires more than the legal descriptions and family history. This would require the examination of the entire record. If you have a copy of the pooling order and the amount of the bonus check, you should be able to determine her acreage for that interest by simple math. Probably worth completing an affidavit of heirship for your mother.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Thank you. I attached a picture of my great grandfathers will that stated he owned 1/10th of the sections or what not in two diff counties. I unfortunately have not, nor did my mother ever receive royalty checks since 1997.
She received the one bonus check in 2019 for the Brooks well in McClean county but they won’t provide me with any information on that or pooling info.
The previous posts are correct on the chain of title issue. Your basic answer is “not very much”.
Have you contacted OVINTIV regarding the Brooks well and what you need to do to get into pay status? The well has been producing for quite some time. They may need the deeds and probates that you have, affidavit, death certificates, etc. Ovintiv has done an extensive title search so they have done the chain of title back to patent and may be able to tell you exactly what you have. Send a certified letter, return receipt to the Division Order department of Ovintiv. Explain that your mother received a check for the pooling, you and your brother have inherited and you are requesting payment for the well Brooks well now. Ask what documents they need to get you into pay status or explain why you are not getting paid.
