Courthouse - I'm helping my nephew with his father's intestate administration (TX). His father sold a lot of his mineral rights in the 80's to a certain company. However, even though he attached an exhibit listing all the properties, he didn't file the deed in every county. The company he sold them to is paying taxes in at least one county that's missing a deed, probably due to the operator, having seen a deed filed in one county, assumed deeds were filed in all counties. Should I even attempt to get this rectified? Should I contact the current operator? I've filed the judgment declaring heirship in all counties.
SIMPLE ANSWER,,,,,,,YES YOU SHOULD TAKE CARE OF IT. NEEDS TO BE FILED IN EVERY COUNTY. probably, maybe, and in most states---in good ole USA!!!!!
Usually it is burden of buyet to file deeds. You should not act without legal advice as there may be extenuating circumstances. You do need to file probate in Texas counties and may to open ancillary probate in other states. Again, ask your estates lawyer for advice.
I'm going to call the tax assessor and ask why the company is paying the taxes - did they get their info from the operator of the well? (I think they do).
Ms. Hummel,
There is no need for your nephew or yourself to do anything. I would not waste time or money on this as it is the buyers problem if the Deeds are not filed. A competent buyer would have made sure this instrument was filed in all of the proper counties.
If the current owner of the properties does not have the original Deed, they can get a Certified Copy for any county it was filed in and file the Certified Copy in those counties that were missed.
I know of no company or person that purchases minerals that has the seller filed these instruments for them.
Your nephew has no problem, the purchaser or their successors are the ones with a problem, if one exist, and it is their responsibility to fix it.
Apparently I was clear as mud. I believe that mineral interest should belong to my nephew (now that his father has passed away - intestate) and not the company, as no deed was filed.
When an individual sells or transfers an interest, then he has transferred the interest. It doesn't matter if the grantee records the transfer, throws it away or burns it. Now, with that said, the grantee isn't protected from a third party purchasing the interest if the third party doesn't know about the transfer. But, legal ownership passed when your uncle handed or mailed the deed to the company.
Now that the uncle has passed away, that doesn't invalidate the transfer. If a third party was a bona fide purchaser, i.e. paid good money for the minerals because he didn't know of the transfer, that would be different. But, your cousin didn't purchase the interest, and certainly knows of the transfer.
should you aid the company? That's your decision. Agree with MR. Cunningham, its really the buyer's problem.
Thanks. I'm going to delete this property from the inventory I'm preparing for my nephew. (I'm paying the attorney fees for the probate administration so I'm trying to do as much as possible myself).