My siblings and I were made aware out of the blue last month that a long deceased relative had purchased mineral rights in Winkler County almost 100 years ago. After a little digging it seems to be true. I think we have the section and block information - document numbers, acreage, etc.
We do not want to sign anything over to the solicitor until we know more about these rights. We need to figure out the right path – do we hire a landman company to prove we are heirs? Do we go direct to the driller on the property? Or do we go straight to an attorney who would, hopefully, have our best interest.
Which path is the best to take? We do not have an unlimited budget so we’re pretty cost conscious.
First step is to verify what you own. I would try to find a landman to research title. A limited title run in Winkler County shouldn’t be too expensive. A title attorney would do the same work but charge triple.
I would recommend first calling an oil and gas attorney. Most will give a free consultation and advise as to whether or not it is worth engaging the assistance of an attorney.
What is it you’re trying to do with these mineral you think you’ve inherited? You may not even have to spend any money at all depending on what your goal here is.
Personal advice: Hire a landman to run mineral title on the lands from patent to present. Might take several days +/- per instruments of record. The landman’s research will show you who the mineral owners are per recorded documents. The landman will most likely offer to compose an heirship affidavit pertaining to your deceased relative’s heirs at law and showing who all the legal heirs (and their heirs) are. Heirship affidavits, while showing heirs at law and descent, don’t transfer mineral rights out of estates. You’ll need an attorney to commence a probate action and get it sorted out. The attorney will also need to verify the landman’s research. It’s pretty simple, and it can be expensive, but in the end it will put all your questions to rest and you won’t have to worry about it anymore.
Excellent straightforward advice – Thank you! We’ve started researching local landmen - and we have our own self researched genealogy to the descendant in question so that should help speed up the landman process, Heirship affidavits, hopefully. Is there any other advice when hiring an attorney? What to avoid or look out for?
You can observe qualified professionals (often with localized expertise) who provide services to mineral owners right here on The Mineral Rights Forum. You will notice them among 3 different instances on the site:
in display image ads and/or brief text messaging on site
as a Business Member participating in many conversations throughout the site (note the blue colored “B” on their picture and blue text on their posts).
These practitioners are often able to provide the specific (and often localized) services that meet your needs.