I inherited some non-participating royalty interests in Newton & Sabine Counties, Texas on about 10,000 acres. There was an Affidavit of Heirship filed in 1998, but no mineral transfers or deeds. There have been many transfers of the small interests since 1995 among producers, and among the family owners to each other. Do I need someone to check the Deed records and /or write a deed for transfer of the interests to my son? I have lots of documents, but am not sure everything lines up. What should I do, if anything? Also, who would be a good person in Newton County, Tx. to do something, if anyone has a reference. Or should I go to Houston? Do I need a mineral Deed or conveyance from the decedent’s estate in 1995?
There are quite a few recommendations on this website. A title consultant can probably check the records and tell you what needs to be done in order to fill in any gaps in the chain of title. It sounds like you can also search the TxRRC to locate the current operators of any wells to see what they reflect in their title.
Best of luck!
Before rushing into a transfer to your son, you may want to determine the approximate fair market value of the interests you own and, if significant, talk to an experienced estate planning attorney with a strong tax background to find out the planning options you may want to consider, which could include a limited liability company and various types of trusts, depending on your objectives. Once a game plan is developed, you can then focus on what documents may be necessary to clean up title to your interests.
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Find an attorney near you for estate planning advice. You will not need an attorney in the county where the minerals are located.
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