I am new to this forum and I really know nothing about mineral leases. My Mother recently passed away and I am just now in possession of my deceased father's oil lease information. Nearing 90 years old, my father had sold his rights for very little money in 2009 to a company called Nantucket Resources. He thought he was selling for a year and the lease says until minerals are exhausted on the property--then it was supposed to return to my father. So we know we can do nothing about that. However, I would like to know the name of a good attorney who can help my sister and I put our names on the lease in place of our father's and also let us know who or what company is now in possession of the rights. I tried to find an attorney in Pecos, but the ones we called said they were too busy. Apparently there is over 500 acres, Section 157, Block 13, Reeves County. Can anyone offer us advice?
Hi, Suzanne -
Please allow my condolences for the recent loss of your Mother.
Welcome to The Forum. I'm sure you will find plenty of help here, including a few recommended Attorneys if you need one.
What you appear to be describing is an Oil and Gas LEASE, not a sale of his rights. Leases have a Primary Term of maybe 3 to 5 years, but will be Held By Production (HBP) if an oil and gas well is successfully drilled and completed on the land or on lands they are pooled with. Unless the lease is worded otherwise, the lease will be held so long as there is economically viable production.
There should be a provision in the lease reserving a royalty payment to your Father or Mother. You will need to have those payments changed over into your and your sisters' names.
Let me take a look at what is happening on or around your lands and I'll get back to you. In the meantime, what was your Father and Mother's names? What name(s) would the interests be under?
Can you scan in the documents you have and attach them here?
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
On the other thread, someone mentioned Wade Caldwell to you. He is on this site and is very knowledgeable. We have used him and been very happy.
Suzanne -
Sorry for the delay in getting back to you, but I have one of those pesky little day jobs to try and keep.
Wade Caldwell is an excellent suggestion if you need an Attorney, but if your Father and Mother left Wills, you might not need one.
There appears to only one Well actively producing in Section 157, the Toone 13-157 Well, presently being operated by COG Operating, which is a subsidiary of Concho Resources in Midland, Texas.
I have attached a map and a Well Summary about the Well. If you will give Concho Resources a call, they may be able to tell you what you need to do to have the interests changed over into your and your Sisters' names. It may be as simple as sending them copies of their Wills and the Orders Admitting the Wills to Probate.
Concho Resources, Inc.
One Concho Center
600 W. Illinois Ave
Midland, Texas 79701
432-683-7443
Ask for the Owner Relations Department. Someone there should be able to help you.
I have also attached the 2016 Mineral Tax Rolls for the Toone 13-157 No. 1. I did not see Nantucket Resources listed in any of the annual Mineral Tax Rolls for the Well, but perhaps your Father or Mother's name is listed.
Hope this helps -
Charles
240-4238932584COGOPERATINGTOONE13157WELLNO.1MAP.pdf (44 KB) 241-4238932584COGOPERATINGTOONE13157WELLNO.1WELLSUMMARY.pdf (171 KB) 242-4238932584COGOPERATINGTOONE13157WELLNO.1MINAPP2016.pdf (682 KB)Thank you so much for responding and for the referrals. My father's name is Billy Joe Cook. Wayne Bissett and the Kochs are on the lease in my father's place. They are on your list. Wayne owned Nantucket but must have transferred the leases to himself and to whomever the Kochs (Suzanne and Douglas) are. I really appreciate the help and your warm responses.
Hi, Suzanne. I'm not sure what happened but if your father was taken advantage of during a time of mental incapacity (for example, if a doctor was treating him for dementia) you might have a time period such as a year from the time you've learned of the situation in which to take legal recourse. I would at least check into it, if applicable. I am sorry to hear about your mother.
Thank you for commenting on this. I'm afraid the time has long passed where we can do anything about Dad being taken advantage of. He died in 2012. Mom was very ill at the time and all their things were put in storage. With Mom's passing, it was the first time we had access to their documents so we had no recourse. I think my father realized what he had done--too late and was too embarrassed about it to communicate with us. Thank you again. I do have an attorney now in Texas who is helping me at least get our names on the lease replacing Dad's.
Hi Suzanne!
If it was an Oil and Gas Lease, then you Father may not have been taken advantage of. Properties are leased every day. If he had been tricked into signing a Mineral Deed or something similar to that, that could be considered fraud.
I am not an Attorney, so someone more familiar with laws regarding Elders could probably help you more, but I do not think their is any Statute of Limitations for fraud.
Having an Attorney help get your paperwork straightened out should resolve all of your issues.
Charles
Thank you for this.
Charles, would you also know if the same for Statute of Limitations for fraud for Louisiana and Oklahoma? Land owner lived in Louisiana and the land she thought she leased is in Oklahoma.
Thanks,
Louise
I would imagine that it is the same in every State, but you will have to ask an Attorney.
Maybe Wade Caldwell can weigh in here?
Suzanne -
I am sorry you are having to deal with all of this. I have attached a copy of the "Term" assignment. Unfortunately unless you can prove he was defrauded then the 1 year was only a beginning and the assignment remains in effect until there is no more production.
All my best,
Travis
239-Cook_0815_0425.pdf (116 KB)Thank you so much. I haven't had any hope about this at all as we know too much time has gone by, but will check as you suggest. I really appreciate yours and everyone's help with this. Basically, since my parents have both passed, my sister and I just want our names on the lease instead of Dad's in case anything in the future proves worthwhile. We don't even know if Dad owned surface property and mineral rights or just the mineral rights. This property/rights has been in the family since the early 1900s so such a shame that my Dad was taken advantage of. Thanks again.
Suzanne -
Please download the attached. It is information on the Toone 13-157 Well No. 1, the Well you and your sister have inherited interest in.
The Well was Spudded In (the drilling actually began - the bit hit the ground) December 23, 2008. It was completed May 14, 2009 and has been producing ever since.
They purchased your Father's Royalties while the Well was being drilled.
Sorry I don't have better news -
Charles
238-4238932584COGOPERATINGTOONE13157WELLNO.1.pdf (2.52 MB)Looks like we could have really lost out. Thanks for this. I hope these people feel good about themselves.
A fellow in Houston was trying to recover his Mother's Royalty income after a company sent her what looked like an Oil and Gas Lease when what it really was an Oil and Gas Royalty Lease. They leased her existing Royalties from her, reducing her income by 75%.
When the company guy said "Well, sue me", the guy responded that he was going to call the company guy's Mother and explain to her what her son was up to.
Not a bad idea, when you think about it.
I feel sorry for that poor woman. I'm grateful that we have sufficient income. I imagine this type of thing has happened a lot. Pride gets in the way. If my Dad had spoken up, we could have helped him initially. He didn't ask anyone for advice. If nothing else, I have learned to be very very cautious about investments--as if I weren't already!