Hi, I am hoping that someone could help me. There are a lot of details to my story, so I will keep it short.
My father died when I was four years old. I was taken away to live with relatives and didn't have any contact with my father's family. Many years passed and I knew nothing about my father's life.
I received several quit claim deeds from my father's grandchildren from his first marriage about a year and a half ago. I researched the property and found a probate file and a quit claim deed.
I submitted the quit claim deed to all the counties. Subsequently, the title of a few mineral rights were put into my name. Here is my problem. My father's grandchildren from his first marriage are leasing the mineral rights to an oil company.
I have no idea what to do. Does anyone know how to go about this? I would like to negotiate a lease with the oil company since the property is mine. I appreciate any assistance.
Thank you
Sid:
In my opinion, the best way to settle this would be to hire an oil and gas attorney that practices in the State where these minerals are located. It will cost you but if you have the proper supporting paperwork and you are the rightful owner of these minerals, it would be money well invested.
Sid,
Keep the will, probate, file and recorded quit claim deeds into your name in a safe place. Also respond to those requesting deeds from you with a polite "no thanks" sent Registered Mail, Return Receipt Requested. Mark "void" across the signature line and attach your "no thanks" letter, keeping in your files.
Evaluate the geologic potential of your property and once a drilling permit is applied for, contact the applicant and any other area operators telling them you think you own minerals under the proposed well and are unleased to your knowledge. With some effort and monitoring on your part, you may be presently surprised with the results. Then you will want to get some legal and/or minerals management advice if your potential warrants the expense.
There are a number of possible explanations. Your relatives may have acquired other interests in the minerals after their quitclaims to you, or the company may have just taken leases from them in error. I'd mention the facts you stated above to a representative of the company who leased your relatives and ask for an explanation. That's the quickest way to know if there are legal issues surrounding your ownership that need to be resolved.
Hi Charles, Gary, and Andrew,
Thank you for your replies. I have sought legal help and should hear something next week. I will keep you posted.
Thank you,
Hi Pete,
The probate was for my father, who died without a will. Myself and my siblings were to inherit all property in the State of Colorado. The quitclaim deed was from my half bother and half sister who relinquished all right and title to any property in Colorado from my father's estate. This quit claim deed gave all right and title to my sibling and me. My half bother and sister (both deceased) signed the quitclaim deed before their kid's signed a lease with the Oil and Gas company. I hope this makes sense. s
If the quitclaims to you were recorded before the leases were granted, your general course of action is inform both your half-siblings and the lessees that you own the mineral rights, not the half-siblings, and require both parties to execute recordable cancellations of any leases granted after the quitclaims.