My father passed away nearly four years ago. He held pieces of many oil, gas and mineral rights in Yoakum and Guadaloupe County's which he acquired in the mid 1940's. In his Will and Trust, those were to pass to my sister and I through the clause "any and all residual etc." The process was easily accomplished in Guadaloupe County and currently we are recieving Royalties from Company's like Sunoco, Occidental, Marathon, etc. (small and once a year). In other words, he did not specifically name the leases in the Will and Trust.
However, his leases in Yoakum (Barnett etc.) are held by a management firm in TX which refuses to take them out of the Estate since they were not specifically named in his Will and Trust. They are considered, by them, apparently, as 'other'. We still recieve a check to the Estate and in his name once a year, however, we are held hostage with regard to selling or inquiring about them.
The probate attorney attempted to work with them for two years, he finally told us it would be folly for him to continue sending them letters or calling them (money wise to the Estate), but that we were to keep our toes to the fire with them since they recieved his Will and Trust, twice, and now want them a third time...and probably will want a fourth and fifth!
While small, the royalty check this year doubled from last year. And we are aware there is activity in Yoakum in the different fields he held/holds these leases. We recieve offers to purchase on almost a weekly basis. But, Dad would have to rise from the dead for us to sell them. And further, we cannot get any accounting from this firm as to where any activity in the multiple fields is or has or will occur. We feel as though we are hostage to this particular 'Management/Investment' firm. The probate attorney said, "You are!" Does anyone have any idea of what we should do at this point? The issue also does not allow me to close Dad's estate since it is the only issue left after these years. I am uncomfortable to name the Investment firm here. Thank you for any help you might offer.
It sometimes happens that when you hire someone to act for you that over time it morphs to those you hired acting for themselves. I would never want anyone to manage my mineral rights for me because this could happen to me also. I believe that your lawyer is correct that it would be folly for him to send more letters and copies of the will and hope that your managers will do what they should do if it hasn't had that effect already. If your lawyer does not know the next step to take, you need another lawyer, one that does know. If it is not worth the cost to break your minerals that your prdecessor gave into the managers safekeeping, you can leave the managers in charge or take the loss. If you are on firm ground and your managers are convinced that you will really do what is necessary to break your rights free, they might then release them to you, because if you are in the right, legal action will cost them money and that is what this is about. If they are not convinced that you are serious, it costs them nothing to just say no, and whatever benefit they have from managing your minerals continues. Possibly you should have them audited. They might be trying to hold you off because they have been stealing from you for a long time. It all costs money. If you won't spend money, you can't do anything and they know it. I hope someone else can come up with a neat, elegant solution, that is either cheap or free, but I don't think they will. I don't think your present lawyer is the one to take further action, if you take any, because if he were the one you need he would have informed you of what needed to be done already. You have my sympathy and Iwish you good fortune in the future.
It sounds as if you need an oil and gas attorney. I'm surprised that your probate attorney did not suggest that early on.
It might be helpful to contact an attorney that is in the county of the leases. At least he would be aware of where all the activity is taking place and might have some hands on knowledge.
Good luck to you.
Thank you. Our probate attorney was able to handle all of the other leases with our help so until two
years ago we thought there would not be a continued problem. It seems this "Investment" company is also a producer of oil, gas, and minerals in the fields where Dad held leases. Perhaps there is a reason they seem to want to with hold information, or the division of the leases as our Dad expected. Recently they appear to have also had litigation issues with the federal government. I suspect this is going to get messy and possibly not worth the time, money, people and resources necessary to resolve easily. We did attempt to find an attorney in Houston, but met with little success.
If they are stealing from you, you may never know how much.
Hi, Judith -
If you will accept my invitation to be "A Friend" on the Forum, I would like a little more detail about the properties involved and the "Investment" firm.
Charles
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
Our underlying belief...thanks for enforcing!
r w kennedy said:
It sometimes happens that when you hire someone to act for you that over time it morphs to those you hired acting for themselves. I would never want anyone to manage my mineral rights for me because this could happen to me also. I believe that your lawyer is correct that it would be folly for him to send more letters and copies of the will and hope that your managers will do what they should do if it hasn't had that effect already. If your lawyer does not know the next step to take, you need another lawyer, one that does know. If it is not worth the cost to break your minerals that your prdecessor gave into the managers safekeeping, you can leave the managers in charge or take the loss. If you are on firm ground and your managers are convinced that you will really do what is necessary to break your rights free, they might then release them to you, because if you are in the right, legal action will cost them money and that is what this is about. If they are not convinced that you are serious, it costs them nothing to just say no, and whatever benefit they have from managing your minerals continues. Possibly you should have them audited. They might be trying to hold you off because they have been stealing from you for a long time. It all costs money. If you won't spend money, you can't do anything and they know it. I hope someone else can come up with a neat, elegant solution, that is either cheap or free, but I don't think they will. I don't think your present lawyer is the one to take further action, if you take any, because if he were the one you need he would have informed you of what needed to be done already. You have my sympathy and Iwish you good fortune in the future.
Were your dad's leases in Yoakum TX or Yoakum County TX? Yoakum County is pretty far removed from Houston TX.
If they are in Yoakum TX, then you can probably find a qualified attorney in Yoakum itself who is familiar with the area and goings on there. DeWitt and Lavaca Counties are pretty hot right now with oil leases and almost any local attorney could help you. I believe that the town of Yoakum is located in both DeWitt and Lavaca Counties.
Guadalupe County TX is relatively close to the town of Yoakum TX but far from Yoakum County TX. Of course, I do realize that your dad could have holdings in far removed counties all over the state of Texas.
I take it you are out of state?
Guadalupe County is near San Antonio, Yoakum County is way over on the border with New Mexico so my original thought still stands. I would think you could find a local attorney in Yoakum County to handle this. Houston is a large oil & gas town but there are plenty of qualified attorneys all over the state.
We used an attorney who was/is familiar with the territory where our lease is located. I would think that it would be in your best interests to have someone represent you who is himself/herself familiar with the area where your leases are located. Could be an attorney in Yoakum County also knows about this management company you're having difficulties with.
I sincerely hope you can get this resolved to your satisfaction. We had issues with our dealings and we're right here, so to speak. I can only imagine what you're dealing with being so far removed from the actual location.
What do you mean by a management firm? Is it a bank trust department or a mineral manager? Was this set up by your father’s will? It seems like the real issue is getting something set up by your Dad’s will cancelled. If so, a probate attorney can help. Maybe you should get a second opinion from an estate attorney.
Interesting you should ask!!!!!!!!!!!!!! It is a Management Firm in Houston, that also does drilling and
has two fines this year from the EPA for oil in the water. We have spent so much money on getting
this resolved that I'm nearly done. I think the Landmen ought to have a few good Landwomen to
resolve through law based practices the problems we inheritors face. It is truly shameful when a
person so particular as my Dad has two daughters who can't easily have this simple change
accomplished. I err'd in saying Yoakum, those are all split to my knowledge. It is Guadalupe
leases they are managing. I'm afraid when it comes to getting this resolved I'll be pushing up
the daisies, too!
A piece of property (real, personal, or other) does NOT have to be specified either as a specific bequest or in an Inventory and Appraisement of a Probate proceeding for title to vest in the heirs or heirs-at-law. Many times, the Testator or Testatrix does not specifically mention it in a Last Will and Testament, and many times an attorney creating the Probate documents does not specifically mention it in the I&A because they never KNEW that it was part of the Estate. But it STILL passes IF, as in most Wills, there is, as you mentioned, a RESIDUARY clause. This is a "catch all" clause, meaning that whatever is not specifically devised in the Will or covered by any other clause of the Will in a general sense falls into the residuary "bucket," with the beneficiary(ies) listed therein.
Perhaps an Affidavit to the Public filed in the County Deed Records specifying exactly HOW you came to own these minerals, with mention about how and when you notified the company in Yoakum about the change in ownership, would suffice to release you from your "hostage" situation involving selling the minerals. Also, could your Probate attorney not get a Court Order from the Probate judge mandating that the company in Yoakum make the transfer, putting them in contempt of court if they fail to do so? Just thoughts.