J W Kirby mineral rights

General Mineral Rights Discussion
1

My name is Annette Kirby,daughter and heir of J. W. Kirby

who is listed on the Reeves County tax roll with royalty interests of $3500.

I received one of those letters asking to buy the mineral rights for $4000.

I know nothing of any of this and my father passed away in 1983 without mentioning this . I looked on line at the only info I could find but no address or anything was there to prove that he was the J.W. Kirby. I have until Nov 23

to sign his paper and receive the deed and then get the money. Is this a

scam? My father could have done this before I was born. I have no one to ask.

The buyer is Walter H. Binkley, 264 Ferry Road, Somerset, Ky 42503

Thank you, Annette Kirby. 1003 Woodcastle Drive Corsicana, Texas 75110. Kannette16@gmail.com

2

Hi Annette -

I advise that you do not sign anything or even just verbally accept any offer to sell your interests before you consult an experienced Texas Oil and Gas Attorney about the entire matter. If you do not know of one, I will be happy to suggest a few.

And, as far as Mr. Binkley's November 23 deadline goes, I don't think you need to worry about it. If he wants the interests, he's going to stay in touch with you well beyond that. Very possibly much to your chagrin.

Ask him to send you copies of whatever documents he has that establish your Father's ownership of the interests. Whatever evidence he has that the J. W. Kirby found of record in Reeves County was your Father.

If you truly own the mineral interests (If your Father is one and the same J. W. Kirby), you will have many people interested in buying your minerals. Reeves County is in far west Texas and is very active in terms of oil and gas activity, even with the current slump the industry is experiencing.

Something I would like to point out: Texas does not tax non-producing mineral interests. If your Father is listed in the Reeves County, TX Mineral Tax Rolls, then that indicates that the subject interests (or a part of them) is currently producing. And the $3,500.00 valuation the Reeves County Appraisal District has attributed to the mineral interest indicates to me that there may be a relatively substantial amount of royalties being paid on the interests.

It is highly likely that you and any other heirs of J. W. Kirby have royalties being held "in suspense" by whatever company(ies) is/are operating the Well(s). That means that they couldn't find you, so they are holding your royalties from oil and gas production in a special account.

Not to speak disparagingly about anyone, but it also very strongly indicates to me that Mr. Binkley may be trying to buy your interests with your own money. Very possibly only a fraction of your own money.

If you will send me the legal description of the lands involved, I will see if I can find out who you need to call to straighten out your paperwork so you can begin receiving the royalty payments.

I will also need everything about your Father: Full legal name, spouse's name(s), former address(es), etc., in order to try and track down how he acquired the interests (inheritance, perhaps?).

And anything that Mr. Binkley has sent or will be sending you.

If you would like to discuss this further in a more private setting, then accept my invitation to become "A Friend" on The Forum. You can send me the legal description of the land and other information privately that way.

In the meantime, don't sign anything!

Hope this helps -

Charles Emery Tooke III

Certified Professional Landman

Fort Worth, Texas

3

Annette -

Don't sign ANYTHING! I think you have something around $10,000.00 waiting for you to claim, possibly a good deal more.

Sending you information about it to your private email address.

Charles

4

I am out of this. I am 99.99% sure that this is not my father. I don't want money that is not mine. Thank you for your help so much. Annette Kirby

5

Don't lose heart, Annette. It might be something really neat-o that your Father left you.

And it wouldn't cost you anything to ask him how he determined that your Father is the same J. W. Kirby. Sometimes it's something as simple as an address used to return a document after it has been filed. Sometimes it is through an Affidavit of Heirship.

Ask him!

Or, if you would like, pass along his contact information and give me your permission to ask him.

Charles

6

I meant to answer sooner..flash flood interruption. Happy for you to contact him. His email is wbinkh@gmail.com. Walter H. Binkley, Somerset, Kentucky.

I have not heard from him in several days.

Annette

7

Annette,

There is a well called Wildebeesr 1 operated by Patriot Resources. I did not see a filing of a memorandum of lease by your father. I would move slow and go determine what you have prior to agreeing to anything.

I would look up Patriot Resources and claim all royalties. I would research title and determine what exactly you have. It could be that your interest is greater than what is shown at which point if you were to sell you might be giving the excess minerals away for free.

Feel free to friend me and i will be happy to call you and discuss this.

Doug Archer

8

I believe that this is just a same name coincidence. I have looked up Patriot and found nothing. Am sorry to have involved you and I appreciate your willingness to help! I have learned there are lots of j.W. Kirby's in Texas and elsewhere. They probably all got an offer. I did see the Wildebeest well on line as well as lots of others named after beasts! Very interesting....Annette K.