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. 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.
You have two sets of issues here. Does your family have a claim to surface rights and to mineral rights? I would suggest contacting a title company and getting a title run on the properties and then taking it to an attorney to look at.
Actually, mother and her sister never thought they had any claim to the land whatsoever. It was not until within the last few years that we learned that we should have been paid for the land when the uncle sold the home place. I went online and looked at some Scurry County records and it does indeed appear that he sold not only the land, but ALL the mineral rights. I do have a a copy of a contract that clearly shows mother was a part owner and was paid for seismic exploration. The contract that indicates he sold all the mineral rights also shows he was not the sole owner. Still, it was done. There was one aunt (his brother's widow) who moved to Arizona after her daughter died and would not have anything to do with this uncle ever again other than an occasional Christmas card (This was also hidden from us - we asked about her for years and wondered if they had heard from her. It wasn't until a couple of months AFTER the aunt died that they ever volunteered that they had known where she was and had even had her address.). After the sale of the home place and the apparent sale of the mineral rights, only the new land owners (who required a supposed 50% of the uncle's mineral rights to buy the surface land) and the aunt in Arizona were contacted regarding a new seismic exploration.
So, since he did apparently sell mineral rights that were not his to sell, what is the recourse? Do we bring this to the attention of the county clerk? Do we contact the O&G company (which is on this contract)? Is it even possible to regain these mineral rights. There is nothing being produced out there now and never has been. That is not the point. The point is he (the uncle) stole my mother's only inheritance from her grandfather and father. Mother's grandmother left her some furnishings when she passed in 1974, but the uncle refused to allow her to ever get them until he sold the home place in 1992. You can imagine the condition the furniture was in by that point. Still, I have my great grandmother's old pie safe in my dining room. I also have the table my grandfather and his brothers and sister grew up eating supper at and I fondly remember sitting at eating Grandmother's wonderful pickles. Those items were only able to be retrieved after the uncle himself died in a car accident. I understand it may have been hard for him to give those things up because they had been his parents and part of his own childhood. Still, it was wrong to deny others what was theirs. To find out when he died that this "humble farmer" making an "okay living" was actually a millionaire, lost it, and then made it all back and still screwed over all his deceased brothers' families and his sister and her family. Irks the tar out of me. I must say, I would LOVE to say his name here. However, he spent his entire life in Snyder (Lloyd Mountain) and so many of the people who knew him are still there and I don't want to ruin their image of him. I do hope he didn't screw them over. Though I believe he kept that all in the family. Sorry to ramble, but I am so furious over him screwing my mother over. The thought of suing the estate was mentioned by my mother, but because of the accident he caused and died in, and the lawsuit over that, there simply is no estate anymore. And his wife's niece and her husband shouldn't be held responsible for our uncle's deceit (and aunt's, too). Ugh!! I hope this can be straightened out fairly easily and mother and the other rightful owners can regain their interests. Thanks so much for your advice. Any additional will be appreciated. If we have to utilize an attorney, have any knowledge of a good one in this field of expertise? Thanks again. ~ Laurie
He can’t sell minerals he doesn’t own or have authority to sell, such as being the executor of an estate or having a power of attorney. See an attorney.
Laurie, I just saw your post. I hate hearing things like this. Have you resolved this matter? Obviously, your sweet uncle could not “legally” sell what he doesn’t own. You should be able to establish mineral ownership by doing a chain of title all the way back to patent at the county clerk’s office. You will need to check the index at an abstract office to get started. The statutes of limitations could be working against you. I am assuming the minerals have not been leased because the Lessee would eventually need to do a title search on the minerals and would hopefully contact your mom. If you haven’t resolved this yet and I can be of further assistance, please let me know. Good luck.
Laurie Halbrooks said:
Actually, mother and her sister never thought they had any claim to the land whatsoever. It was not until within the last few years that we learned that we should have been paid for the land when the uncle sold the home place. I went online and looked at some Scurry County records and it does indeed appear that he sold not only the land, but ALL the mineral rights. I do have a a copy of a contract that clearly shows mother was a part owner and was paid for seismic exploration. The contract that indicates he sold all the mineral rights also shows he was not the sole owner. Still, it was done. There was one aunt (his brother's widow) who moved to Arizona after her daughter died and would not have anything to do with this uncle ever again other than an occasional Christmas card (This was also hidden from us - we asked about her for years and wondered if they had heard from her. It wasn't until a couple of months AFTER the aunt died that they ever volunteered that they had known where she was and had even had her address.). After the sale of the home place and the apparent sale of the mineral rights, only the new land owners (who required a supposed 50% of the uncle's mineral rights to buy the surface land) and the aunt in Arizona were contacted regarding a new seismic exploration.
So, since he did apparently sell mineral rights that were not his to sell, what is the recourse? Do we bring this to the attention of the county clerk? Do we contact the O&G company (which is on this contract)? Is it even possible to regain these mineral rights. There is nothing being produced out there now and never has been. That is not the point. The point is he (the uncle) stole my mother's only inheritance from her grandfather and father. Mother's grandmother left her some furnishings when she passed in 1974, but the uncle refused to allow her to ever get them until he sold the home place in 1992. You can imagine the condition the furniture was in by that point. Still, I have my great grandmother's old pie safe in my dining room. I also have the table my grandfather and his brothers and sister grew up eating supper at and I fondly remember sitting at eating Grandmother's wonderful pickles. Those items were only able to be retrieved after the uncle himself died in a car accident. I understand it may have been hard for him to give those things up because they had been his parents and part of his own childhood. Still, it was wrong to deny others what was theirs. To find out when he died that this "humble farmer" making an "okay living" was actually a millionaire, lost it, and then made it all back and still screwed over all his deceased brothers' families and his sister and her family. Irks the tar out of me. I must say, I would LOVE to say his name here. However, he spent his entire life in Snyder (Lloyd Mountain) and so many of the people who knew him are still there and I don't want to ruin their image of him. I do hope he didn't screw them over. Though I believe he kept that all in the family. Sorry to ramble, but I am so furious over him screwing my mother over. The thought of suing the estate was mentioned by my mother, but because of the accident he caused and died in, and the lawsuit over that, there simply is no estate anymore. And his wife's niece and her husband shouldn't be held responsible for our uncle's deceit (and aunt's, too). Ugh!! I hope this can be straightened out fairly easily and mother and the other rightful owners can regain their interests. Thanks so much for your advice. Any additional will be appreciated. If we have to utilize an attorney, have any knowledge of a good one in this field of expertise? Thanks again. ~ Laurie