Ok, first, I am SO green to all this so please forgive me if the terminology isn’t quite right. Also, I know this may be a question for an atty, but I am looking for guidance and opinions.
DH’s dad has been deceased for years. We recently learned that he owned mineral rights in TX to an area that is booming. Because he died (what we thought) was intestate, the firm assigned his widow 50% and the remaining 50% split evenly between his children. Widow sold out her share quickly, pretty much took the initial offer from what we understand. Best we can tell, the other siblings also eventually took the offer and sold their rights. His last sibling just did so a couple of months ago, got tired of waiting on division order and payments.
The lease that was executed on this property was supposedly looked over by a TX atty hired by one of the siblings. It is a 3 year lease, but it’s up in a few months. A well went in and has been producing since Dec 2018, but we still don’t have division orders. Hubby keeps writing to inquire and was told today that all orders went out already except for those with “curative issues”, his being one of these. I am trying to understand how it’s taken to this point to realize there were curative issues.This feels like more stall tactics. We’ve been told for more than a year now that we’d have division orders “soon”.
On top of all of this, hubby more recently discovered an old copy of Dad’s will in a box that was long forgotten about in storage. Dad didn’t own anything and was penniless at death (ok, in debt), the will was never executed because it wasn’t even known about. The will states only his children split everything equally. I am not clear on the date, though, but it may also have predated his marriage to the last wife. Also, his siblings have bad blood with the widow.
No one else knows about the will. All things being equal, hubby has been ok with his stepmother having been “assigned” 50% and like I said, she sold hers anyway (very low, I believe). Now that the will was discovered, I believe she sold something that may not have been hers to sell, but I may be wrong. All other relatives have signed off on their shares to the company so it seems like a wash… or is it?
Can a late discovered will matter here or is it best to let it be? The will might predate the last marriage, but so did the mineral rights, of that there is little doubt. Widow was the 3rd legal marriage (that we know of) and there were no children between them.
What kind of things generally cause a curative issue? Could there be a debt that needs to be paid or is there someone now contesting something? We are still awaiting a return call, we still don’t even know the issue. If he is the only family left who hasn’t sold his share, are we obligated to pay any debts from the proceeds? Why were the others allowed to sell their shares to the company with these issues outstanding? Can curative issues void their sales, too?
Thanks for your help, this is all so confusing!