Last December 2019, I conducted a statewide search in almost every Texas county online records search in hope to gain any information about my deceased father. I’ve found records in Kaufman and Henderson Counties that my father had interests in oil wells, multiple properties with mineral rights. I also discovered a record in Kaufman County clerk’s office, Affidavit of Death and Heirship. The Affidavit of Heirship was filed by my now deceased uncle in 1993 and used to steal my deceased father’s interests and mineral rights as well as royalties. My father died in 1992 and records show he had interests in well 2 and Humble Oil on the Jesse E Hendrix survey, 1/6th. Also, I have records he had made lease agreements for other leases on different surveys; one offhand I remember was Fitzgerald soft land. Now my uncle stole the interests with an erroneous Affidavit claiming my father had 0 children, obviously false. He had two sons. I WAS 10 YEARS OLD when my uncle filed and claimed my father’s interests. I found out through records my family has owned lands and oil and minerals under them in these counties and others since the area was settled and the beginning of the oil boom. I believe the family passed the interests down through generations and family trusts. However, I was excluded by my uncle and all of this information has been withheld and kept secret from me and my mother. MY UNCLE died in 2016, survived by 2 children and wife; none of them will talk to me about what my uncle took from me through the erroneous affidavit of heirship. When I found them last December 2019 on Facebook Messenger, I was not even given the courtesy of a phone number, just messaging only. A cousin fed me a bunch of lies about my inheritance and my father. Not more than a few days, I was cut off. My father had no will or probate and I haven’t found record he sold anything, but I did find record of my uncle selling his interests in all of the lands in said counties plus other counties like Rusk and Cherokee County to Don Poe and JD Minerals. I tried to find a lawyer but no luck so far and I live in Arizona, not Texas. If anyone on this forum can please share some legit advice and/or help, I am wanting to recover my father’s interests and any payments and royalties my uncle stole or that was wrongly paid to him since my father died in 1992 up to present day. Attorneys seem to not want to take my issue due to their opinion of statute limitations; however, I just found all this out in December 2019.
I’ve run across a similar issue in the recent past. An individual died long ago, and subsequent to his death someone with the same name as the decedent filed a mineral deed in Texas and sold the interest. Decades later, an heir was researching the tract and discovered the “fraudulent” deed. Some attorneys expressed uneasiness about the statutes of limitations on fraud. However, there was a court case in 2016 that set precedent for forged mineral deeds that effectively removed the statute of limitations problem by stating that the rights were not and could not have been legally sold at the time per the fraudulent deed, so title remained vested in the decedent the entire time. In other words, the fraudulent deed was invalid from the start, so it never transferred title. This same principle was applied to the heir’s situation and the operator vested ownership in the heir once the findings were reviewed.
You should hire an attorney. You state there was no will, so you are entitled to at least a portion, depending on other brothers or sisters. JD Minerals has been sued from here to heaven & back, including one by me several years ago. I don’t know Texas mineral law too well, but can’t believe there is a statute of limitations on fraud. It doesn’t matter when you found out anything.
Yes there is a will and it has been probated, remains in a trust situation, hasn’t been taken out of trust. I am in process of filing affidavits of heirship with the counties in which these minerals are located. Everyone is deceased now except myself. I wish I could afford an attorney. I did check with one and he wanted a $1,500 retainer just to start and informed me he wasn’t sure how much would be needed after that. I just don’t have that kind of funds. I would love to if I could think of any way to do it. I am trying to do as much research on my end that I can. Thanks and would appreciate any other suggestions. I could use any help that might help.
You should seek an attorney on a contingency basis. Anything that he recovers, he/she gets to keep a percentage. Unfortunately, if there is a statute of limitations issue, filing different affidavits won’t resolve it. The only way you will seek closure is to pursue a legal action.
I cannot find an attorney that will take on contingency basis at all. I have tried numerous ones. I prefer one that is skilled with oil and gas and there are very few in this area. If there are any suggestions it would be most helpful.
Three problems face you:
- Overcoming the mentioned statute of limitations, then
- Winning the lawsuit declaring your uncle illegally converted your father’s mineral interest to himself.
- If you succeed in 1. and 2. above, you now have to go forward and see where the title is held (JD Minerals may not own it today) and get it legally placed in the proper owner’s name. Lots of legal fees. I would probably try to determine what your father owned to decide if it’s worth it. Good luck.
I would suggest you contact the ones who are listed in the advertising tab above. If after consultation, they don’t want to take the matter on, ask them for a referral of a colleague who might pursue the action on a contingency.
I wish you the best and hope for justice. My aunt did something very similar. I hope to tackle that mess soon, after researching as much as I could myself. Plan on hiring an attorney as well.
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