I just last week found out from my Aunt that we may own Mineral rights from my Grandfathers farm. He sold the farm years ago but kept the mineral rights. I see similar posts like mine, but not quite the same scenario. My Grandfather passed away in 93. My Uncle took care of his estate and knew about these but never did anything with them. His wife just recently passed and my Mom passed away before my Uncle did. My Aunt that is still alive, would she not inherit all the rights? Would their be a possiblilty that my Moms kids would have any rights to these minerals if nothing was ever put in a will to inherit? By chance my Aunt was forwarded a letter addressed to my grandparents with an offer from Next energy to lease the rights. It's located in Hamilton County Illinois, and from my very recent research, there's a lot of interest in the area once again. my questions are many, but my immediate question is how do I know my siblings and myself are heirs to these minerals? Where do I begin to search? There was a check involved with the letter ( I believe she called it a bank draft) in which she has deposited. Does this obligate her in anyway to a contracted lease without signing anything? And since she is the sole survivor of my grandparents, would'nt she inherit all the rights? Thanks for looking at my post and any advice or direction you could lead me in would be greatly appreciated.
You need professional legal help to sort this out and to properly convey "Grandfather's" mineral interests. Different states will have different laws governing this. Though in many states, if Uncle didn't already convey them somehow from Grandfather's estate, ownership of the minerals would be divided equally among all of Grandfather's children (and / or their heirs), not just Grandfather's only surviving child (your Aunt).
Anthony, your aunt did sign something, she signed the draft, which as I understand it IS a legal contract. I have no direct experience with your aunts situation but I suggest you find out if she can recall the draft through her bank or withdraw the request for payment. The lessee wouldn't have sent your aunt the draft unless there was some advantage to it for themselves, they do not go around handing money to people because it makes them feel good, they do it because it makes them richer.