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 stepbrother signed a 3-year lease stating he was the heir prior to ALL of us signing the current one. Thanks.
Call the company up that your stepbrother signed the lease with and ask.
1 Like
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 covers 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-year lease with other owners not knowing. He said he was sole heir. There were 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.
Tried to talk with company. Privacy policy preventing me from info. Thought it would be public knowledge.
What is the total dollar amount that you believe was misappropriated by your stepbrother 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 years ago.
Depending upon your state you may need to file a probate or an affidavit of heirship. If your stepbrother had no interest in the land then his lease is worthless.
Thanks. He had 1/6 interest. It’s in my Grandmother’s will along with the rest of us.
I don’t believe stepbrothers are even in the heir succession ladder in most states. Normally, after parents die, siblings inherit, then their children, etc. The records you’re referring to are public knowledge. You can request from the recorder’s office in the County where the property is located (call them) and ask for copies. It 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 first. A different last name person would be a red flag/caution. Find a lawyer/paralegal first to research for you.
You need to visit with an attorney where the property is located. See 
above.