I have inherited oil and gas rights and signed a lease. The landman assured me the other day that I am indeed an heir through my father. The problem is that my aunt is claiming that neither my living uncle or I can claim them because she is owed from the estate and, therefore, there are no heirs. She is claiming that everything goes back to her and her husband as repayment for taking care of them financially and refers to never before mentioned promissory notes. Can she take this small gift away in Texas?
You need to visit with a Texas attorney regarding these issues. There are some listed in the Mineral Help above.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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Your Aunt is mistaken! I bought some property from a huge estate that had 67 heirs. One woman claimed she was the oldest and that it was hers. She then claimed she was the administrator. She self appointed herself! Get yourself an attorney in TEXAS. About 75% of the rightful owners didn’t even know that they owned it. They were very thankful to get paid!
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The post is confusing so I am guessing that the deceased owner was your grandparent. If Grandparent lived in Texas, then any will has to be filed for probate within 4 years of death or else the property passes under Texas intestacy law. If Grandparent lived in another state, then that may have different laws on filing of a will. You should talk with a Texas attorney. Be sure to have all the detailed information, including a copy deed into Grandparent.
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Yes- an attorney probably should be consulted sooner than later. My grandparents passed in 2017 and 2022. I have done my county research and nothing was probated maybe because my aunt claims she has promissory notes that are unpaid leaving an estate that is less than $75,000. However, I discovered royalties in suspense and contacted her as well as told her about signing a new lease. She is very angry at me for this and now it is about being in her parents’ business. I am almost sorry I notified her about the unclaimed royalties. She hasn’t even thanked me and just says that there are no heirs. Weird? She is also denying her own other sibling his share or the new well and the suspended royalties which are small. I feel gaslighted to the point that I am questioning everything.
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Time to lawyer up. If she lied about not having heirs, she might be lying about the promissory notes (by they way they might be subject to a statute of limitations if the actually existed). Sorry you have a dud for an aunt.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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The landman that contacted you make can give you a lot of information about where it is and how much. But you need a Texas Attorney that is specialized with mineral rights and leasing. I would not pay any attention to your aunt.
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Just to reiterate what others have said here. I’m just guessing, but it appears that you’ve taken no action because you hoped that she would come around or would be reasonable. That is not going to happen. Further, if you’re under a deadline to probate, then you should contact an atty sooner rather than later.
I am going to talk to an attorney because my aunt has not reached out since 8/6. I have ordered my grandmother’s death certificate and I am having two affidavits of heirship noterized so that I can submit it all to the company with the royalties in suspense…which I don’t think are much due to depletion. But, it might still be worth it.
There might not be a WILL! Title is Title, not what she say’s. I would not pay much attention to your aunt. Talk with the landman and get all the information that the landman will give you in writing by hard copy and an email and save it in your documents that you can email to an attorney.
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Did your father pass before your grandparents? If so and they didnt have a will granting your father rights, youre fighting an uphill battle no matter what the Landman tells you and the lease you signed
I do not think that is correct in Texas. If a Grandparent dies without a will and no spouse, then the assets go to the children A, B and C. If Child C predeceased Grandparent but is survived by Grandchildren X and Y, then X and Y will inherit Child C’s share.
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Your are exactly right!
If the aunt was so concerned about getting paid from the estate she should have filed for probate and made her claims legal. I’d follow the operator’s instructions and ignore the aunt. Doesn’t sound like the operator is asking for the will, and the will may not be able to be probated at this point due to the statute of limitations.
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Yes— the statute has run out. I’m filing my affidavits of heirship and have sent the oil company other documents. Thank you for the response.
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