But then Living (Parent) gives 1 sibling POA for medical .
10 years pass living ( Parent ) passing away ( NO Will) within months sibling with POA sells the last of the property ,,,,sells land with surface only . keeps minerals and royalties .
But the other sibling is left out no mention of selling . Nothing .
now here comes an oil co. wants to lease Sibling who sells land signs lease without the other sibling knowing about it and what I don`t understand how can they do that ? Then 2 years
pass Still the other ( sibling) doesn`t know nothing about it ,,,Until a second Oil Co. comes
and says we been looking for you ! You have mineral ,surface and royalties . I was stun!
I asked Where? From Who? But then when he said they asked my sibling about me my sibling said he/she has nothing to do with this it`s all mine . But the oil co. said oh yes!
he/she has part of it ,, we found the records of your parents and (2) children only.
So my questions is : In those 2 years that sibling lease minerals and royalties and I had no knowledge of it ,what happens next? What I do know sibling got a bonus for lease ,but that's all I know . Why didn`t the other oil co. find me ? Who`s going to get in trouble ?
i need some advice i don`t know who to turn to,,,
CowgirlTx:
My advice would be to contact an attorney, possibly an estate attorney.
A power of attorney expires with life. It can also expire if it is a non durable power of attorney, which survives all disabilities.
Buddy
You have not mentioned a will or legal documents giving POA sibling a life interest, you need to fill in all the blanks to have any hope of getting a correct answer.
I do not have the documents in front of me and language can have many meanings depending on exactly how it is put together and even punctuation will change that but....it sounds as though your sibling with the poa had the legal power to do whatever they wished as long as your parent was alive because of the POA. Only upon your parents demise did that power go away, possibly not even then if there was a will. If you were kept in the dark about so much else, there may well be a will tucked away in a drawer in your siblings residence or in a safe deposit box. From what you have told me thus far, this is what I think most likely.
As for the 75% -25% division of mineral rights, it sounds like the document was to make the division and merely contained the power of attorney and if that is correct, I don't think there is a realistic chance of doing something about it. If the aforesaid is true, I think you would be better off focussing your efforts on getting paid for your 25% interest. There may be more information that would make me change my advice but I don't have any documents at all in front of me. Sorry I can't be of more help.
Dear Cowgirl Tx., never trust your siblings. They are decieving, I speak from experience. I will not go into details because it is a long story. But siblings are hipocrates, greedy, money hungary animals. I disowned all the so call brothers and sister.
Cowgirl tx, its not secretly, its that, that siblings wants your share. He wants it ALL. He is greedy just like my brother. I asked my disowned brother for the name of the surveyer who surveyed ours moms little piece of land and he told me to sent him 400 dollars and he would give me the name of the surveyer. I rather pay another surveyer than to give him my money.