Hi all-Happy New Year! My father would like to gift me his mineral/oil/gas rights before he passes so that I can receive the $3 monthly royalty checks (hahaha) and have an easIer time with his estate. I don’t have the original deeds and have tried to research to find online, etc but there are over 25 separate leases and it is overwhelming when I try to use the information from the property tax records, etc. I do not want want to sell. I am looking for an attorney that can help me. Thank you for any assistance.
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Be sure to ask about a Transfer on Death Deed for Texas. Avoids probate and may avoid issues if your father need VA or Medicaid. Visit with a Texas attorney.
Mr. Barriskill,
My husband’s family are descendants of W. I. Davis and holds a great deal of mineral interests in common with the descendants of R. C. Adams. Luckily his grandmother did a fantastic job of creating a mineral inventory, which we now maintain in Excel. I can send you a list of tracts that W. I. Davis. got from R. C. Adams that may prove to be a good start for your inventory. I can also give you some Shelby County research pointers I have learned over time. Best of luck, Janene Walker
Oh Janene- Thank you so much for your reply. It is great to hear from you and for your kind offer to help me out. My mother’s grandfather, R.C. Adams was certainly a big land owner in East Texas and I grew up with amazing stories from my mom and my grandmother. I would very much like to accept your help. Thank you again.
I will work on getting you an initial list over the weekend.
Thanks. Not sure how to get you my email or home address on the forum so just tell me how and I’ll provide it. Thanks so much
PS - Everything I have sent is of public record.
Hi-Have you sent anything to me yet because I do not know where to look on the site? Sorry for bothering you. It is so nice to actually see someone from Center who knows the world down there. My uncles (you may have heard of Robert and John G. Jr) really took care of the land and rights. My mother inherited the land and then sold most of it 15 or so years ago. Thanks and let me know where to find the spreadsheet or whatever you’re sending me.
If successful, I am attaching an excel spreadsheet with two tabs . One is for tracts that W.I Davis had in common with R.C Adams. This list has lands that are not in any pooled unit. The second is a list of 2020 producing wells from Shelby Co Appraisal District under Barriskill (note: if value is less than $10, the well may not be listed). If you cannot open in excel, I will send in a pdf. You can look up the unit declaration for each well at http://cc.co.shelby.tx.us/ to figure out which of your leases were pooled to what units for the other wells and legal descriptions from that lease. Let me know how it goes! Bariskill Tracts-Wells.xlsx (1.4 MB)
Thank you, Janene! You’re truly amazing. I have most of this information of course from the tax documents but it makes it so much easier put into your incredible format. I cannot thank you enough. I’ll let you know how it goes.
I had sent my email address in my original message but it was scrubbed, so I don’t think that’s allowed. But this forum allowed me to upload the spreadsheet . What we’ve done for our minerals is to add columns for the lease info ( instrument or volume and page, royalty rate, special terms) for each land tract . You can look up the unit declaration for each well on the county clerk website to see what acreage was pooled. If we should be approached on unleased lands that we hold in common, I’ll let you know via this website. To your original question, re: attorneys, I believe Matthew Mettauer and Deck Jones have dealt with some O&G in Shelby county, but I don’t know if they are considered O&G attorneys. And since your mom sold some minerals, the title would probaby need to be run to know for sure what you still own.
Oh, one last thing to help you compile a mineral list of properties that are not in production or that was not part of the W. I. Davis deed. You should look up your uncles, your mother’s (nee & married ) names, and your own, for O&G leases. The Shelby County website is free to research and view images: http://cc.co.shelby.tx.us/ , downloads for a fee.
Stay safe, Janene
If you have the leases, then your attorney can use those legal descriptions. Also, discuss with your attorney about adding language to the gift deed that it includes all minerals, surface, executive rights, overrides, etc and other property owned in the county as a catch-all in the event that some tract is not included or there is a description error. This can be limited to minerals if that it all that is desired to transfer, or exempt his house or other lands.
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Maybe someone in this forum will be able to answer if a mineral deed with a blanket conveyance could be used to simply and efficiently convey all of your father’s interests in Texas to you?