A friend(and his siblings) inherited a small/medium sized mineral interest in 2008 from his grandmothers estate. The problem is a local lawyer was named as Personal Representative of the Estate in question. The lawyer executed documentation for the Estates, in town residence, to the proper heirs and about the same time all the heirs were contacted to lease the estates minerals(which they did and received bonus checks). Now, over five years later, the heirs have not received a penny more from these minerals, all of which are producing, some as far back as 2005. They continuously have contacted the lawyer and are given a different story each time. The last of which were told "I am done dealing with you account". I performed some research and found Oil and Gas Leases in the lands in question taken by the lawyer as PR of the Estate in question. The lawyer in question is very well known and been a member of the community even before the boom. Is there anything that can be done, since the lawyer is technically in charge of the estate?
Is the estate closed? Do you have Personal Representative's mineral deeds of distribution?
Yeah several things...One I don't believe you are giving us accurate information...
"I am done dealing with you account" should not have been put in quotes since no attorney in the world is going to talk like that.
I can give a great opinion based on nothing more than a hunch. 1) Your friend and family were a big pain to deal with, and/or they didn't pay on time.
2) the attorney is from the area and has minerals all over the place and if he has them in that section, they weren't your friend's or relatives.
3) he put a lien on those minerals because of non-payment.
But no member of the Bar is going to steal those minerals. If you found one that did, then taking him down would be easier than getting your oil changed...and any attorney would know that.
All of the information, except what I researched, did come from the mouth of one of the siblings. I guess I wasn't clear enough in my initial statement.
Facts I do know:
I do know the estate owns the minerals.
I do know the attorney has minerals all over the place and possibly/but very unlikely in the same section, but that would not give him a reason to execute a lease, "as PR of the Estate in question".
I do know according to the official courts website, the estate has been closed.
I do know the proceeds of the production are in excess of 6 figures.
I am unfamiliar with the entire probate process, but if the lawyer was owed money, wouldn't his fee come from proceeds of the estate. (I will check on the possibility of a lien, but consider it unlikely)
Am I right in assuming that since he is PR, him and only him, can execute a distribution instrument?
I was told by the individual in question "I contacted the lawyer and was told I am done dealing with your account in one instance and I have passed your case on to another lawyer in my firm in a separate instance".
Also, let's assume they were a pain to deal with. Is there a limit on the amount of time an estate can be held in suspense?
Andrew Babcock said:
Yeah several things...One I don't believe you are giving us accurate information...
"I am done dealing with you account" should not have been put in quotes since no attorney in the world is going to talk like that.
I can give a great opinion based on nothing more than a hunch. 1) Your friend and family were a big pain to deal with, and/or they didn't pay on time.
2) the attorney is from the area and has minerals all over the place and if he has them in that section, they weren't your friend's or relatives.
3) he put a lien on those minerals because of non-payment.
But no member of the Bar is going to steal those minerals. If you found one that did, then taking him down would be easier than getting your oil changed...and any attorney would know that.
Get a oil and gas attorney to review the contract and advise you.
I have advised him to contact another attorney. I am unclear as to what contract needs review.
One additional fact I failed to mention is the estate in question is the grandmothers. The grandmothers Last Will and Testament appoints the lawyer as Personal Representative, and leaves her entire estate to her daughter. Her daughter, unfortunately passed away shortly before the grandmother. The mother(or the grandmothers daughter) leaves everything to the individuals in question.
Jeremiah - Since you are NOT the PR or a Lawyer It is truly none of your business to get involved. You can't call a bank and get financial information, You can't call a stock broker and get investment information. So, why would you think an oil company would disclose royalty information. If the estate is closed each heir was given a final accounting most likely in 2009 after estate taxes (if any) where paid and all distributions made. Legal descriptions would be in the will as well as the final accounting.
5 years after the fact they think they may be due $$$?? Really?? They chose to contact you Instead of bringing the will and the final accounting to an attorney, ANY attorney can read a final accounting and a will. Advise them to call 1-800-ASK-GARY not 1-800-ASK-JEREMIAH.
I have close ties to this family and choose to get involved out respect for the kindness they have shown me.
Apparently your an attorney Gary, and from what I've seen Attorney's only think they know what they're doing. In the years I have been in the oil business, each year I lose more faith in the integrity of attorney's because daily I catch mistakes that attorney's have made and can tell you numerous stories of entire estates being flushed down the toilet because the attorney was incompetent. Its funny how enlarged your head gets because you have a piece of paper that says your an attorney. The fact of the matter is, I have ran the title, they own the minerals. Apparently you haven't read the whole thread, as I have expressed there has never been an instrument of distribution. Maybe any attorney can read a final accounting, but that doesn't mean they understand it, although they will never tell you that. Why would I need the oil company to disclose royalty information? Everything is there black and white.
I posted this thread to get maybe a suggestion or two and its just turned into a pissing match and I have much better things to do. For the couple of good suggestions I received, thank you.
Williston said:
Jeremiah - Since you are NOT the PR or a Lawyer It is truly none of your business to get involved. You can't call a bank and get financial information, You can't call a stock broker and get investment information. So, why would you think an oil company would disclose royalty information. If the estate is closed each heir was given a final accounting most likely in 2009 after estate taxes (if any) where paid and all distributions made. Legal descriptions would be in the will as well as the final accounting.
5 years after the fact they think they may be due $$$?? Really?? They chose to contact you Instead of bringing the will and the final accounting to an attorney, ANY attorney can read a final accounting and a will. Advise them to call 1-800-ASK-GARY not 1-800-ASK-JEREMIAH.