How can I find out if a family member signed a lease prior to the rest of the family knowing anything about mineral rights. Seems our step brother signed a 3 yr lease stating he was the heir prior to ALL of us signing the current one. Thanks.
Call the company up that your step brother signed the lease with and ask.
Tried that route. Said because of the privacy act they couldn’t tell me. Thought it was public knowledge.
Are you local to the county that the lease is in?
The lease or a memorandum of lease should have been filed in the deed records. Keep in mind that the legal description cover the gross acres (the entire tract such as 100 acres) and not the lessor’s net interest in the acreage. If one owner is overpaid, that is not the problem of other owners in the tract and does not affect their title.
He signed a 3 yr lease with other owners not knowing. He said he was sole heir. There was 4 other people entitled to share of the lease. The current one all 4 of us had to sign. I live in Illinois and the lease is in Wyoming.
What is the total dollar amount that you believe was misappropriated by your step brother in the past?
Is the current lease with the same company as the prior lease?
The dollar amount was over 25k he took after signing the lease if it was like the one we all signed 3 yrs ago.
Depending upon your state you may need to file a probate or an affidavit of heirship. If you step-brother had no interest in the land then his lease is worthless.
Thanks. He had 1/6 intrest. It’s in my Grandmothers will along with the rest of us.
I dont believe step brothers are even in the heir succession ladder in most states. Normally, after parents die, siblings inherit, then their children, etc. The records your’e referring to are public knowledge, u can request from recorders office in county where property is located (call them) ask for copies, will cost a few bucks, to see who owns land or who conveyed land/property. Before property is transferred to heirs, this is where the interested parties check 1st. A different last name person would b a redflag/caution, find a lawyer/paralegal first, to research for u
You need to visit with an attorney where the property is located. See above.