My family owned mineral rights since the mid-60’s. In 2006 a company somehow found my father, 76 and in a retirement home, and convinced him to sell for a nominal amount. In 2009 he got sick, and we were going over his estate. He gave me the contact number for the “oil leases” which hadn’t started producing but someday would be worth something. He did not have the strength to do anything and this was not a top item on our agenda due to my father’s health.
Dad passed and when I contacted the company I was told my father sold the rights not leased them.
In 2012, my mother was living with us, she received an oil lease as a remaining heir from my father’s uncle who had passed in 1986. The remaining nephews/nieces also received the same. My great uncle had no children and I am the oldest great nephew. Nobody in the family was aware of these mineral rights until the leases arrived. My mother signed the lease and passed shortly after.
Time passed and the company that sent the lease demanded we probate my great uncle’s estate as, unknown to all but one person in the family, no will had been probated. We needed to prove heirship. The family went through a lengthy period of proving heirship as several members had passed away. In September 2014 all the paperwork and heirs had been clarified and filed with the proper authorities.
On Oct. 9, 2014 I received an email stating my father had sold his uncle’s rights to the same company and at the same time he transferred his rights. I asked how my father could sell something he did not know existed. The research company could not answer. If dad had known, they were his uncle’s rights, he would have directed them to the family to whom he thought his uncle willed them. (In this process we learned my dad’s cousin stole everything by not filing the legal will, this was discovered in mid 2013). On the filed transactions, signed by my father in front of a notary, there was no indication these mineral rights belonged to my great uncle nor that my father may inherit them.
I want to try and get the sale, of both my father’s and great uncle’s mineral rights, revoked as a fraudulent purchase.
I have tried to find similar court decided cases but have not had any success.
Any suggestions? Does anybody feel I should pursue?
I manage minerals for inherited mineral owners and many of my clients have North Dakota mineral rights. With that in mind, I suggest you make personal contact with RW Kennedy through MRF. RW has been through the mill on this subject and, being very generous with his experiences, may be able to help you with the process.
With my geologic, engineering and economic expertise and from the actions of the “buyer” in your post, I will guess that you may be involved in an active area with valuable mineral rights. Many of we advisors on MRF can give you an idea of the relative value of a specific area. I suggest you contact some contributors through personal messages for an opinion as to the potential value per net mineral acre without describing the location in open forum.
If you decide to proceed through a North Carolina law firm, I’ll give you some names of law firms with litigators and mineral attorneys that work in North Dakota upon request.
Thank you, new to this system I will touch in with RW Kennedy.
Gary L. Hutchinson said:
Lee,
I manage minerals for inherited mineral owners and many of my clients have North Dakota mineral rights. With that in mind, I suggest you make personal contact with RW Kennedy through MRF. RW has been through the mill on this subject and, being very generous with his experiences, may be able to help you with the process.
With my geologic, engineering and economic expertise and from the actions of the “buyer” in your post, I will guess that you may be involved in an active area with valuable mineral rights. Many of we advisors on MRF can give you an idea of the relative value of a specific area. I suggest you contact some contributors through personal messages for an opinion as to the potential value per net mineral acre without describing the location in open forum.
If you decide to proceed through a North Carolina law firm, I’ll give you some names of law firms with litigators and mineral attorneys that work in North Dakota upon request.