I am new to this, so bear with me, please. I and my 5 relatives recently received our DO's for some mineral rights we inherited.
According to the landman, the oil company's title attorney interpreted my aunt's will differently from what was interpreted when we initially signed our lease. We originally were told there are 6 equal heirs to the mineral rights left by my grandfather to his 3 children. This confirms what our parents always told us. Now, however, because my aunt cited a now-expired lease in her will, her shares are to be returned to the estate and divided by 8 heirs instead of the two designated in her will to receive the mineral rights from said lease. The result is significantly fewer net acres for 2 cousins. We know this was not the intent of the will.
We're of the opinion that mineral rights are inherited regardless of who holds the lease (or if it has expired) at the time the will is written. Does anyone know if this is an accurate assumption? Any suggestions as to how or if we should proceed to contest it further? (I know we can hire an attorney to re-open probate and contest the will.)
The article in the will reads: "I devise and bequesth all of my right, title and interest in the Oil, Gas And Mineral Lease, dated August 29, 19xx, with XXXX(land services) on real property in LaSalle County, Texas, to XXXX and XXXX, if they survive me."
Thanks for any suggestions.
All parties could execute a Stipulation of Interest setting forth the intended ownership breakdown, file it of record and send it to the operator.
That would be cheaper and easier than re-opening an old probate and contesting.
She doesn't want all parties in on it.
Jeff, the landman offered to do that; however, there would still be 2 additional people in the mix. Not that we have anything against them, but they are on the other side of the family and not intended to receive the mineral rights.
Thanks for the reply.
Jeff Vincent said:
All parties could execute a Stipulation of Interest setting forth the intended ownership breakdown, file it of record and send it to the operator.
That would be cheaper and easier than re-opening an old probate and contesting.
What does the residuary clause of the will say? I don't think his interpretation is based on who holds the lease. The attorney or your aunt made the clause too restrictive. It should have read "I devise and bequeath all my right, title and interest in oil, gas and other minerals in real property owned by me in LaSalle County, Texas, to XXX and XXX, if they survive me." Or in that property described in the Oil, Gas And Mineral Lease, not all my, right, title and interest in the Oil, Gas And Mineral Lease.
I'm afraid you're right about the clause being too restrictive. Do we have any way to get around it?
Could be difficult without cooperation. If everyone agreed that the intent was to leave to triple X cousins, then they could execute quitclaim deeds or disclaimers.
Deborah Drummond Tomlinson said:
I'm afraid you're right about the clause being too restrictive. Do we have any way to get around it?
Did the executor of the estate deed the minerals out of the estate?