Also asked this on another forum, but adding her in hopes of answers.
My mother inherited a portion of mineral rights to her father's parents land. The land itself stayed in the family until the early to mid-1990's. At that time, mother's uncle sold the home place without ever bothering to tell any of the family it was being done. We only found out because we surprised them with a visit. He mentioned that, in order to sell, the buyer wanted half the mineral rights. Mother and her sister mentioned that he could not do that because he did not own a full have of the rights (they were split 5 ways). He then said he meant 50% of HIS mineral rights. That was fine. However, once he died in 1999, we learned exactly how dishonest and deceptive this uncle had actually been. Not just about the land, but about a great many things. Only recently did we learn that the home place, which he claimed was "just over a section" was actually TWO sections. He never paid any of the heirs any of the money for their portion of money from the sale of the land. We did not even know that anyone other than the uncle were surface owners until AFTER his death. Recently, mother got a letter from someone wanting to buy half of the mineral rights she inherited from her mother's side of the family. No such letter has been received regarding the other land. That has us wondering if mother's uncle did actually sell more mineral rights than he legally was able to. The rights were in the proper heir's names previously as an O & G survey was done a few years prior to the sell of the land and mother, her sister, and their cousins had to sign off on that and were paid for allowing it. Certainly we should have checked this out previously, but have no clue how to do so. So, does anyone know how to verify that mother's rights were not sold out from under her? And how can she reclaim them if they were? That land may never produce anything. That does not matter though. It is still our heritage from mother's grandparents and father. We would appreciate any wisdom or knowledge any of you might have about this. I haven't a clue where to start. We know the field name (still my great grandfather's name) and the block and lot numbers, but not a legal description. So your help would be greatly appreciated. Thanks so much.
Hi Ms Halbrooks, Sorry to hear the state of affairs. First thing is to call the County Clerk and provide all the info you have. Have the Clerk’s office check both the land records and the mineral deeds once you’ve determined the sections. Tell them how far to go back, too. And to give you details on all transactions and deeds. Once you get this vital information, check this forum and you will see there are many resources and kind people willing to share their experience, strength, and hope.
Regards,
Ralpr
laurie are we related ha , most likley not ,but I and my bunch suffer a lot of the same problems I have been working on 85 sections of production and un leased minerals of about 10,000 acres for the past 2 years I have had some luck in sorting out part of it I got lucky when a first cousin and her other half was a paralegal. would like to try and help you, I will invite you to be friend and then I can get emails to you and phone number thanks
I just send you a friend request along with my direct email address. Your experience and knowledge would be greatly appreciated. I looked online at some records and it does appear that he sold the mineral rights without permission. Additionally, it seems he sold the land without permission. Trying to get in touch with a cousin who has a copy of my mother's grandfather's will. Have contracts stating the owners of the mineral rights as of 1980 (mother, her sister, two surviving uncles, one aunt, and one cousin). Also have a contract showing only two owners (people who bought the land and the mother of the cousin who passed away). Such a mess. Why are some families this way? I will never understand greed. It would be wonderful if something was ever recovered mineral wise, but even if that never happens, mother's uncle never had the right to sell without permission. When I found out about all this going on out there, I immediately let cousins who knew nothing about it know about it. That way they can get their ducks in a row if something ever does happen. Honestly, I don't anticipate it on this land (several explorations over the years an zero production). The rights she has on the other side has been in production (gas) for over 40 years with only a few years of oil production during that time. So, truth be told, the rights are probably nearly worthless, but they are my mother's, her deceased sister's kid's, and their cousin's rights. Period. Wrong is wrong and I just don't like it.
Your Uncle cannot legally sell any thing he does not have rights to, therefore all he could sell is what he legally had title to regardless of what he conveyed. FIRST you need to know if your grandfather’s estate was probated and if so was it probated in the same state as the lands are in? If it was then you need to make sure the final decree is filed in the same county as the land. If it wasn’t probated in the same state or wasn’t probated at all there are a couple of ways to take care of tbis to establish any rights your mother may own. I have 25 years experience in mineral title and will be happy to help. Friend me with your address
As for potential production, that is the exciting news of late - land previously thought to be unproductive (drilled even, so it must be true right?) is productive! Not only a little productive, but in many cases very productive! Land in the Permian Basin is especially blessed with multiple productive formations one atop the other like the layers of a cake, or a stack of pancakes, if you will. Those fine folks helping you out can tell you about the potential plays, too!
Where is this land located?
Joan, I sent you my email address. I so appreciate your offer to help. And Elbert, I am sorry I did not call you this afternoon. I wasn't feeling well and slept off and on all day. I will try to call this weekend.
As to the questions mentioned here: I am reasonably sure my great grandfather's will was probated. The main reason we are pretty certain it was is because my mother's father wanted to contest the will because he believed it was forged, somehow altered, or my great grandfather was bullied into the facts of the final will by his brother (the uncle who apparently sold mother's mineral rights). The only reason he didn't is because he had recently been diagnosed with terminal colon cancer and had 3-6 months to live. He didn't figure he would live long enough to contest the will (and he didn't). My grandmother was also sick with, I believe, her first but maybe second bout of breast cancer and he didn't want to put that on her upon his death. My grandfather would have had to leave his home in Odessa and go back to Snyder to contest the will. That would have caused a huge rift in itself. Of course, he would not have stayed with his brother, but he could not have stayed with his sister either without causing her problems with the other brother. My grandmother had family in and around Snyder as well, but staying with them would have caused problems there as well. Now, his mother was still alive during this, and it is nearly certain that the uncle would have caused a HUGE scene if my grandfather had stayed with my great grandmother. If it was indeed probated, and we feel it was, it would have been done so in the same county as Granddaddy had lived and died in, which is where the land is.
As far as potential production goes, I'm not going to lie, that would be nice, but it is not the point. Mother has mineral rights on multiple sections of land in the same general area (Ennis Creek) that has been being worked for gas for many years (oil for a few years, also). Those rights are not and have never been in question because they come from her mother's side of the family and the only "crooked" uncle on that side died many, many years ago, before his parents. The issue at hand here is this uncle has screwed over every member of his family (including his parents) nearly his entire life. It is sickening. There are people out there who still think he was some sort of saint. And he did do wonderful things for people. He paid for someone's kids to go to college, bought cars for them, replaced those cars when they totaled them for driving irresponsibly, and more. But he would not help his own family when they desperately needed it. I could give you example after example of this. I won't bore you though. Suffice it to say, he screwed everyone he could, family first. To find out that he screwed mother and her sister and cousins again...well, we don't have to stand for it now. He is dead and his money can't be used to hurt or fight us now. And I will be even more honest. Though I don't know enough about the shale location to know that the land is actually within the area or not, if it is, I am glad this aunt and uncle will not benefit from it. I know that seems ugly and I apologize. I only say it because if this man were still alive and this happened, he would make our lives a living hell. No question about it.
Thanks for letting me vent about this. Maybe, through y'all's help, we can get the mineral rights issue straightened out. Production on the land would be great. But still, if that doesn't happen, it would still be a victory for our family to have them belong to the rightful owners and not be victimized by this uncle even in his death.
Jennifer, the land is in the Lloyd Mountain Community, about 13 miles northeast of the town of Snyder.
Jennifer B said:
Where is this land located?
I was hoping it was in Mitchell; that’s where I am a bit familiar. Have you been able to get any answers?