Wanted to ask a very confusing question that involves 2 states: Pennsylvania and Texas. We had no knowledge of anything dealing with mineral rights or royalties or land, etc., with this starting out until Exxon Mobil showed up with division orders to be paid for an easement in summer of 2020 in a county in Texas. To try to get to the point, we had tracts in several different counties in Texas and the father had a son and daughter and we have been paid in several other counties. We have now changed mailing addresses and have gotten mail for taxes owed for places we have not been paid for. The place we’re talking about is in the mother’s name in care of her daughter and we have found several others that we’ve been paid for that are the same way. We called that county and spoke with the tax assessor and county clerk and they said it was in the mother’s name in care of the daughter, but we have gotten a deed from the company we called saying it was sold by the father’s estate. We’ve also received all documents from Pennsylvania in the county that the father passed away in and the son resides in that same county. The father was in a nursing home and the nursing home administrator took over as executor of the father’s estate. We reached out to him and he would not answer any questions; he let us know if we tried to take him to court he’d get continuance after continuance until we ran out of money. We have been given runaround and lied to basically from the brother but did not make any threatening statements toward him; we just played dumb as if we didn’t know about what happened. The property in question was never conveyed from the mother to the father; they’re both deceased and paperwork from Pennsylvania shows estate was closed in 2013 and there was a sale made for this property (mineral rights) in 2018. That company acts as though they own this and any payments should come from operators. We have sent the company that purchased it all affidavits of heirship, all death certificates, all information showing all of this and they still act as they don’t owe any heirs and so does the administrator of that nursing home. Every time we’ve been paid so far we’ve been paid 50/50 with the brother. We believe from what we’ve read that the mother had a trust set up for the heirs. Is there anyone that can help with this? If there is, we would like to talk in more detail and offer a percent of all backpayment that is due to us as heirs. We can discuss all these things if anyone sees this and can and wants to help for an agreed percentage. Thank you, look forward to someone that can and is able to help with this situation.
If it was separate property of your mother prior to her marriage or she inherited it, and when and if her estate was legally settled and it did not go to her husband (your father), then it is yours, not the nursing home’s. If the nursing home sold any of it, it probably was not legal. I’m speaking from what I know about Texas law.
Thank you so much. I felt this was the case, just wanted to check.
Edwin: Be very careful about taking advice from anyone on a public forum about legal situations. Your questions beg help from estate lawyers in both Pennsylvania and Texas. Good luck.
Sue the nursing home! In Texas, people that don’t have anything can get in a nursing home “free.” But if you have something, they want it and want family to allow that. It’s called a Democracy!
Edwin, following up on what Todd said.
Is this important to you?
Will you be disappointed that you didn’t pursue this and determine whether you are entitled to anything?
If the answers are yes, then you need legal help, not opinions from well-meaning fellow mineral owners.
Very much true and have been paid. Just got a landman that didn’t complete the job that he was paid for and now looking for a Certified Landman that I would like to know and be able to trust. I do thank you.
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