Laura is not licensed in ND.
For research,try an excellent land man- Ivan Stalick 307-752-6864 [email protected]
Jim Maxson at Minot may help with probate.
701-839-6704 [email protected]
fax 701-852-8782
also
I need a lawyer preferably around Williston.Who is the lawyer in in Billings, Montana, who must be licensed in N D?
Can anyone refer me to a knowledgeable lawyer?
The point is that the minerals were never leased in 2009, according to what Judge Rustad at Williston decided at a hearing on January 3,2013,wherein the 1998 Trust had been revoked on 6/6 /2003, when the other trust was formed, such decision essential,as demanded by Brigham/Statoil,to allow transfer of minerals to the other trust made in 2003.
He said ,"You can't have two trusts". There are 6 good wells there now.
The beginning of the fraud was the fact that lessee Cody Oil had Joy, an unauthorized heir/sister residing in Laos,sign the lease as 1998 Trustee in July 2009, so as to not hold up the entire block that was already leased.
The 2009 lease bonus checks went from Cody to our unauthorized brother Jim, who our unauthorized sister asked to help her,from overseas in Laos.
Why things get complicated is that Cody funds then went into his account,and from his account indirectly via Cody, to heirs who cashed them.
I believe that brother Jim bought rare coins, which lost value, in behalf of our sister by her permission, and without permission,for our brother Dale who was incarcerated and not allowed to take possession, as Jim thought Dale's funds would be confiscated.
To repeat,the Judge said,"You can't have 2 trusts", and his decision was that the June 30, 1998 Trust was declared revoked on the date when the other Trust was formed on June 6,2003, formed solely to convey real estate, with the 1998 Trust to continue owning the minerals.
Our sister was designated personal representative in the 2003 will, and also 2003 trustee,required to deal with said personal representative of a will that was to convey the house our Mother had already quit claimed to our brother in 1999, but a lawyer was happy to take her money unnecessarily.
When our Mother was age 89, a Utah lawyer made the 2003 will that sought to convey the house again by warranty deed to our brother,who owned the house by her quit claim deed for 6 years prior to decease of our Mother on April 20,2005.He never asked for a warranty deed.
Our sister, as 2003 trustee,who had to deal with herself as personal representative, then conveyed the house to the trust,and the trust conveyed the house again by a warranty deed our brother never asked for, on July 11,2006.
After 6 producing wells were completed,Brigham/Statoil demanded probate of the minerals that the 1998 Trust had owned since June 30, 1998, by some legal twisting and turning to allow our sister, as personal rep in the 2003 will, to transfer our minerals into the 2003 trust.
Statements of Fact:
Cody fraudulently used a legal fiction to get a 2009 lease signed;that contract was without force of law.
Our sister had no authority to be leasor in the 6/30/1998 Trust that Judge Rustad has ruled was revoked after the 6/6/2003 will/trust was formed.
If the 1998 Trust was valid, Larry Wagenman was the Successor Trustee.
She asked our brother to disburse the lease bonus to heirs, who thus received money unwittingly under false pretenses, due to the actions of Cody agent Luke Montieth.
No ratifications are on record for either myself or another brother who died in January 2010 and who did not receive a lease bonus,due to action of the unauthorized brother who disbursed the funds, asked to do so by our unauthorized sister.
It is best if the 2003 Trust stays unleased, to be offered the risk penalty option and actually be in the oil business.