I think I should try a Landman to possibly help me complete the claims I made on Claimittexas since i have been unable to provide enough information proving I am rightful owner to claim it texas unless someone has any other suggestions. My mother transfered deed to me couple years before she passed. We did the house in the same way. Ive not had any ownership issues arise on mineral rights until I tried to claim the 37 checks listed that were not there when mother and I claimed her a few checks listed there before she passed, which they issued them to her. Since home, land and mineral rights were already transfered to me couple years before she passed there was no reason for a will. But I have not been successful in proving my relation and ownership to the same mineral rights after years of receiving all checks from deed transfer date. So looking for what else I need to prove relationship to my mother. So maybe a landman can figure it out at this point ?
Typical Government pass the buck, stall tactic.
Were the funds escheated to the State of Texas?
It may be that the state is taking the position that the royalties which it is holding for your mother need to pass to her heirs under either a rest-and-residue clause in her will or under the Texas intestacy stature. They want to be certain that there will not be any other legal claimants, such as a husband or other children. The recorded deed into your name applies to royalties accrued after the effective date. Without evidence of production dates, etc, the state cannot determine that the royalties were not accrued prior to the date of the deed. Hopefully you have contacted every one of the companies and sent in a copy of the recorded deed so that all future royalties will be paid to you. You may need to consult an estate attorney to help you establish clear title to the back royalties.
Wildfire Energy does not like to pay if its them. Removed 51,000 BBL from our land in 1994 alone and still haven’t got a payment with them still pumping today even though we have lease agreement, deeds, division order but they steal it from him because he’s to old to do anything.
Actually I have all the info on deeds and transfer from great grandfather to grandfather to father then to my mother then to me Idk if they need further back than that which i can do thats just as far as i personally went so far. It would be much easier if they would simply tell me what they want to see and ill produce it. But that would be too easy tho right? Lol
The State has 2 basic requirements to get the funds in your mother’s name. First you need to prove that she is the same person as named on the checks. Such as division orders or copies of other checks in her name with the oil company payor or 1099 statements from oil company to here or a driver’s license or other identification in her name and showing the same address as the checks. Perhaps produce the original lease and then the assignments down into the paying oil company. Second, since there is not a will and probate and the claim is not being made by her executor, you need proof that you are the only heir to the accumulated cash under the intestacy statutes. This is not the same as a joint bank account where the rights flow automatically to the survivor. It is not the same as you being entitled to future royalties because you now have title. The State cannot tell you the exact documents to produce to establish your title to the funds as it does not know what all exists. It is always more complicated when a third party is trying to collect the funds.
Dealing with Texas Unclaimed also. So would a landman be able to help with chain of title or should I just keep gathering up previous division orders, 1099’s, checks/run lists, etc. ? I know each situation is different between different operators Thanks,
There can be many issues related to the unclaimed funds. Did the deed have what is termed an “Accrued Runs” clause? This is a specialty clause not included in common Mineral Deeds. It allows for any unclaimed or funds in suspense to be transferred to the Grantee. If the funds went to UCP in your Mother’s name and she passed intestate (without a will), then you may be required to perform a Determination of Heirship, Probate or simply an Affidavit of Heirship. Your Mother transferred the properties to you prior to her death, but that only affects the property and not the UCP funds. If there are other potential heirs, you may have to talk to them about your Mother’s intention so they can consider waiving their rights to any claim. A landman may be able to help you define this matter, but you are going to need an attorney to resolve many of the matters.