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Permalink Reply by Skip Peel - Mineral Consultant on December 6, 2010 at 11:58

I assume you are referring to records establishing your ownership interest in minerals which are paying royalties to family members (the mention of other royalties is confusing). Those records will be on file with a clerk of court in one or more parishes or counties. You didn't say what state. If you are an heir to the mineral interest, a description of the land or the mineral reservation and your percentage interest should be detailed in a Judgment of Possession, Succession or a Donation or Deed from the family member that conveyed the interest to you. Most clerks of court offer remote accounts which can be accessed by computer although the records will only go back so far, usually to the 1980's. If you can go in person, I suggest that you do so.

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Permalink Reply by Max on December 7, 2010 at 5:00

Diana,

Sounds like you're a day late and a dollar short.

Royalties? Who leased the property and when? Someone had to sigh the lease papers, and oil and gas companies tend to make sure that whoever owns the minerals/property are the ones who signs the papers.

There are too many variables to give a clear answer, but like Skip recommended, you can start your search at the courthouse and go from there. You do have to know what you're looking for and the names have to match up with the legal records. For example, if you're looking for the records of Bobby Smith, his legal name may be Robert William Smith and unless you search for the legal name, you will not find the records that you need. Another problem, there may be 10 different Robert William Smiths recorded at the courthouse. If you know certain dates that a deed or gas lease was filed, it could narrow down your search. The more information you have, the more likely a search will reveal what you're looking for.

A lawyer could be very helpful, but you'll have to weigh the expenses of that lawyer to what gain you would receive, if indeed you are entitled to a part of the royalties. A greedy family member can drive lawyer fees well beyond you're wildest imagination, especially if that family member has money.

If I was going to retain a lawyer, I would first search and copy the records from the Clerk of Court, and then present those records to the lawyer. He or She should be able to determine if any legal actions could be taken at that time.

If you have never searched for records at the courthouse, don't be intimidated. Yes, there is a learning curve, but the folks working there will help you get started. Any tax information, parcel numbers, succession numbers, or a physical location of the property, (Section, Township, Range) would be helpful to begin the search.

Good luck, maybe you still have time to correct any misdealings.

Max

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Permalink Reply by Diana on December 7, 2010 at 6:34

GREAT. . . I will continue. It seems that i'm on the correct path. Several in passing did not have a will.
So I do see a Lawyer is very important. A company had been looking for me for several years and this family member would not pass on my info.

Thank you for all the information! I'm learning very quickly !

Thx again,
Diana

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Permalink Reply by The_Baron on December 7, 2010 at 8:17

You may want to update yourself on the rules for heirship when someone dies intestate. The date of the death is also important, as the laws have changed over the years.

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Permalink Reply by Diana on December 7, 2010 at 11:04

thank you, that is very important.

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Permalink Reply by adubu on December 8, 2010 at 1:55

Diana-- a simple place to start is to check the Wills of your parents, grandparents or who you think had ownership of minerals or royalties in question and to what heirs they pass assets to.

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