Not sure if this is the right forum for this question, but does anyone know how to go about splitting and distributing mineral rights among four heirs after the passing of a parent to whom the rights belonged? The rights are held in Panola and Kaufman counties of TX, and probably not of tremendous value. There are modestly productive gas wells on the Panola lands, none in Kaufman county as of now. Any advice would be appreciated. Thanks in advance for any help.
Usually in a situation such as yours, a Distribution Deed is drafted. You don't say whether the parent died with a will or without a will. Quite often, if there is a will, and an independent executor is appointed, the executor will distribute the assets in a separate deed to the named beneficiaries under the terms of the will. If there was no will, you might start by filing an Affidavit of Heirship in Panola and Kaufman counties naming the parent who passed away, date of death, place of death, whether they died with or without a will, and a listing of the four heirs. Be sure to list addresses for all of the heirs. You might also describe the lands. The more information in an affidavit, the better. If they died with a will in a different county than Panola or Kaufman, you should immediately obtain a "certified" copy of the will, and file it in both Panola and Kaufman, or where the lands are located.
That is a reply to your sentence that any advice would be appreciated. The best reply, however, would be to consult an attorney.
Dave would be the expert here; but, from reading you inquiry, I just jumped ahead of everything he said which is a must before anything else can be done, at least that is my experience. IMO, the legal documentation isn't the real problem, especially when dealing with family. Pulling all the valuations, estimates and then getting to agree without having another "World War" is the real problem.
Good Luck!
yes Bigfoot is right about dealing with family ,
i my self especially was and still am in a situation where i was left in the cold after parents passed and my only sibling said that there were no other family ,when oil co. found that we had minerals , etc. sibling had already sign lease for the first oil co. and they never looked into that there was another Heir and that was me ,it took 2 years for the second oil co. that took time to look deeper into this recorded files of my parents and found that there were 2 Heirs not one ,so it`s a mess ,it`s crazy what all these does to people especially to family members. So from my what i know of myself good luck i wish you all the best! TEXAS LADY
Thanks Dave, Bigfoot, and TL. I appreciate the help. My mother died here in Hawaii, not in Texas, so I guess we need to file a certified copy of her will in TX as Dave advises. I don't believe these rights are valuable enough to break up the family, but advice about maintaining the peace is most welcome. We'll take your suggestions and attempt to handle the matter best we can.
Mike
The Oil Company usually does this themselves. You file for a transfer of ownership via the will or an Affidavit of Heirship and they assign you new owner numbers. Each person is sent their own check and tax documentation.
Also…be sure to look at any wills that may have included your parents as heirs. My mom inherited two sets of mineral rights. …one large and the other fractional. She then left off the smaller amount In her will. I happened to find this info when sorting through old paperwork…glad I kept it. So, my attorney has recorded her will in the county with the smaller amount so I am on record as the rightful owner. (no evidence or reason to believe she sold it or gave it away.)