I was told last minute by family members that I need to give my driver’s license information as it appears on the driver’s license and I will get a check in the mail the next day. Apparently, four years ago a warranty deed granted myself and my two siblings the 1/8 that our past mother inherited. Our portion is 1/24 each. The next day I went to the county clerk’s office, obtained a copy of the warranty deed, and in fact it was true we did inherit, but our three pieces of information, which is our name and address, were all incorrectly put on there, so therefore we were never notified. There is now an oil and gas lease pending. I gave my address information and I have a copy of it. I have not signed it yet because I need professional advice moving forward because I do not feel comfortable signing something that one, I never knew about, and two, the way it all went down to begin with—that’s just shady altogether. I want to be able to protect my own interests. I was in discussion with the lien man that sent me the lease and he said basically that if he didn’t have my information correct, I would never have been included on the lease. And that thanks to my cousin, he had my correct address. With all that being said, I actually googled my maiden name and my married name and all of my information pulled up down to my email address, my LinkedIn account, Facebook, etc. There was no doubt that if somebody were looking for my name and address, you can find it. I found it with no problem. For several years now, my cousin has been making hay off this land and keeping all of the profit, etc. I guess my question of the day is something just doesn’t feel right and I’m not sure where to start other than an attorney, but I was just curious: is there a specific clause or some sentence that I should be looking at specifically in this lease that I’m trying to read over and over again?
Your name and address need to be correctly filed at the county courthouse in the county where the minerals are located. So you do need to do that. If you do not live in that town, you can find out what form they need. The landman asking for proof of identity is not that uncommon.
I think your larger issue may be what the terms of the lease say. If you sign a copy of the lease without understanding what it means, you may be taken advantage of. Most first drafts of the lease are entirely in the favor of the lessee (operator or their agent). Most leases will need some negotiation in order to be more in the mineral owner favor.
What state and county are your minerals in? If you will post the description in the lease (near the top paragraph), then folks in that area may be able to help you. Never sign something you do not understand. Also, never sign a lease and hand it over without getting paid at that moment-not a promise for 30 or 60 days later.
I would question whether your cousin is keeping all your money. If A and B own mineral interests, then typically, if A is the only one to lease, then A is not getting B’s share of the royalty.
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