My family has mineral rights in Bakken where there has been a lot of well operations for some time now. We are having a hard time getting the oil company to provide us with information about the wells that are on our mineral right lands. We have asked for information as to the amount of oil which has been pumped from these wells, where the proceeds are being held in escrow and if there has been any monies paid out to anyone from the escrow acct.
We had to go through the court system to have the hiership made right. And when we did that, one of the family members was the go between with us and the attorney office. However, since that time, the family member who was the go between now is the only family member that oilmen and oilwomen have been contacting regarding future drilling. There are seven members of my family involved with the mineral rights and we all are capable of doing our own representation with the oil people.
The land in question has had wells on it for some time now and we inherited the mineral rights along with other family members. There are several sections on land involved and I would believe plenty of proceeds to go around. However, getting information from other family members is like pulling teeth which only causes more concern regarding the mineral rights of all the family members who are entitled.
I have to ask if anyone has an opinion as to how we can get the oil company to answer our requests? It seemed that once they had our signatures on the agreement, they have chosen not to respond to our requests anymore! This can be very frustrating and does cause one to start to wonder what is going on. Also, I would just as soon do my own negotiating with the oil company and am wondering how I can start getting the calls from the oilmen and women?
Any suggestions would be very much appreciated.
Mr. Holk,
Quit signing ANYTHING until they talk to you. As long as you sign leases negotiated by another family member, he/she will then, as you know, become the negotiator. Make it very clear to the family member that you will do your own negotiating from now on. When people clam up and won't have an open line of communication, it's time to take a look at things more closely. They could be leaving you out of the loop altogether. If you need further help, private message me through my profile by clicking on my blue head. I can help.
Yours,
Wes Luke
I’d just ask the family go between as you called them, they know. I would say they were made personal representative but I’ll bet they know. Just what do you mean by heirship made right and have you read and seen all the court documents?
Hi Mineral Joe,
I should have said I have experience with this exact situation and it's infuriating when your own family members keep info from you. It causes distrust where there doesn't have to be any. Where money is concerned, Mr. Holk has as much right to everything the others have as they do.
By not signing anything they can't finish the lease. Mr. Holk did say getting info from the rest of the family was like pulling teeth. That puts a shroud of secrecy where there shouldn't be one, especially with money involved. People get a little crazy when money enters into it.
Yours,
Wes Luke
Wes,
There are several ways in which an operator would not need the heirs signatures on any documents and would have no reason nor desire to speak with family members but since you have experience in this exact situation then you will be able to inform them.
Greed can turn the closest of families against each other.
Mineral Joe,
Yes, you are right. The one thing that sticks in my mind is that Mr. Holk said he wanted to do his own negotiating and several other family members felt the same. Now, if all the family members trusted the one doing the negotiating, and agreed for him to do all of it, that's a different story altogether. Thanks for your input. Much appreciated.
Yours,
Wes
Mineral Joe,
One thing you said does pique my curiosity. How can one person wind up being negotiator for the whole family? I did see the part where they agreed for him to do the initial negotiations. But, it would seem their intent was to do their own after the initial negotiations.
Yours,
Wes
I have recently dealt with someone who seemed to have forgotten there were other heirs and stated in documents that he was the only heir. There are many other reasons perhaps, If it were in a trust the so called go-between could have been named a co-trustee or named a successor trustee or appointed one by the courts. If the so called go-between did a probate they could have been made personal representative. In all these scenarios the operator would have no reason to communicate with anyone else. One would have to know the details to be able to evaluate how to proceed.
Hi Joe,
Thanks, that clarifies some things for me. My brother thought, as did I that he was executor. The problem with that is he never had the will probated so he couldn't have been executor, but he had the checking account for the estate. He even admitted to borrowing money from the estate account. After hearing that it definitely made me leery of his scruples. It just got worse from that point on. Well, so much for my woes.
Yours,
Wes