Real Estate: Texas/Quit claim deed
I am one of the heirs to a trust that had land holdings in Major County, OK. The trust was dissolved and the mineral rights severed from the surface land and the S/L was sold. The mineral rights were assigned to the heirs and my share was 7/168th. I then purchased from one of my brothers his share and using a template I was able to write the quit claim deed, without any legal help, that was accepted, so my share is now 14/168th.
I want to give those minera rights to my two offspring and I assume that the proper way to do that is to file another quit claim deed. What I am wondering about is the proper wording and so I am looking to you for an opinion about that. I am only sending you the first two paragraphs as I am unconcerned about anything after that not passing muster.
QUIT CLAIM MINERAL DEED
THIS BEQUEST, Made this _______ day of __________, 2013, by Charles Xyxyxyx, party of the first part, owner of an undivided 14/168th interest in mineral rights in Major County, OK, bequeaths his entire holdings to his sons, one-half, 7/168th, to each of the parties of the second part, Eric Xyxyxy residing at Xyxyxyx 148th Street, Anytown, USA and Adam Xyxyxyx residing at 6455 XYxyxxy, Anytown, USA.
Party of the second part, WITNESSETH:
That said party of the first part, hereby does quitclaim and convey unto the said parties of the second part all right, title, interest, estate, and every claim and demand, both at law and in equity, in and to the oil, gas and other minerals in and under the following described property situated in Major County, Oklahoma, to-wit:
I would modify the sentence some to read..."bequeaths his entire holdings to his sons, one-half TO EACH WHICH SHOULD COMPRISE, 7/168th MORE OR LESS AS REFLECTED BY THE CONVEYANCES RECORDED IN THE ____________ COUNTY CLERK OFFICE, to each of the parties of the second part...". Add the portions that I have placed in ALL CAPS.
These changes would indicate that you may or may not have exactly what you are representing so that in the event you do have more mineral interest than 14/168th, then that overage will also be conveyed and not limited to just the 14/168th. Second, this modification will show that you are conveying all your interest and not splitting 1/2 between them and keeping the other 1/2. Splitting hairs but that is what we do.