Estate never probated - interest awarded in divorce

Property was originally right of survivorship between my dad, uncle and grandmother. Not sure if my mother was awarded 1/3 ownership from her divorce Feb 1991 or from being a named creditor when my father filed bankruptcy still owing her $70k in May 1991. father died in 1995 (no will) in Florida. Property with mineral rights is in PA. I think my siblings don’t want to probate my fathers estate because it will change their %. My Uncle sold his property to My brothers but I don’t know if O&G was transferred. They tricked my mom and I into quitting deeds to our interest in 2016. I’m confused about what steps to take to straighten things out.

  1. Probate dads estate in Fl and list property
  2. File affidavit for my Uncle, mom and myself in PA counties (just in case)

Siblings have two wells and have been collecting royalties since 2004. When I asked one of my brother to call my mom and tell her what was going on - he told me to call a lawyer and never spoke to me again. My mom is 78 and uncle is about 85. I don’t know if either one has a claim or if I do. I don’t have much money for lawyers and my siblings know it. Recommendations for steps to take or attorney FL estate and PA Wells and pipeline…that would work on royalty share % if any is uncovered would be so appreciated. Thank you!

If the minerals are in Pennsylvania, you will need an attorney there. The Pennsylvania Bar Association has a lawyer referral service that you can access here:

https://www.pabar.org/site/For-the-Public/Find-a-Lawyer

You would need to contact the individual attorney to see if they handle cases on a contingency basis.

blow it off, the attorney will just bill you - go get your brother

I would personally hire a landman or an attorney in PA, to determine what ownership you may entitled to, if any. Quit claiming your interest in 2016, may end up being an issue. I just wouldn’t pay an estate attorney to do a probate, unless you know you’re entitled to some of the mineral interests. Would hate for you to go through all that, spend the money, to receive no ownership. Also if you do the probate, I’d try to find an attorney in Florida who has mineral interest experience. As oil and gas production isn’t prevalent in FL, some estate attorneys may not have a good understanding. Just my 2 cents.

Pennsylvania has lots of great mineral attorneys. The PA deeds will be governed by PA law. Also, if a probate is needed you will need a PA attorney anyway. Expect to pay reasonable sum for him or her to sort out whether you are entitled to any mineral interest. It is worth paying a little to find out.

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