My father passed away in 1992. I was a minor. In 1993 my uncle filed a false affidavit of heirship stating my father has 0 children. However, my father has two children and one was adopted out. That leaves me as the only heir to his property. All these years I did not know about the mineral rights up until last Dec. 2019. The uncle died in 2016 and so I don’t know how to recover my father’s mineral rights as legally mine.
You have a complicated fact pattern for which you will need to hire an experienced attorney to evaluate the case after some additional relevant facts are developed. Please note that in some states a child who is adopted can inherit from his birth parents.
Agree with sclausen. What is important is the state where the property is?
I need to say I want to share equally with my brother; he is the first person I’ve notified. Not more than a minute had passed from when I realized what I was seeing in county records. I have only known him since Dec. 2019 when I found a cousin, daughter of said thieving disrespectful uncle. My brother is almost 2 decades older, so I’ve been a little hard on him in messages. I’ve apologized and now see he too was wronged and just never put a lot of thought into what family will do for money, so disrespectful. I’m embarrassed to accuse and even mention such a thing as this to family. It has ripped us apart again… Also since Dec 2019, little by little every day I piece together the factual information I find. So my issue is legit and guts deep; however, I put the feelings aside momentarily to gain some actual progression in this analysis of what’s happened and I’m seeking some real opinions, information, even help from successful individuals and most important this type of open access. I know it’s more likely here my issue at hand will fall on the ears of someone that’s been through this or knowledgeable in how this can be remedied. I guess I should have mentioned more detail in my conversation. Sorry! My father owned these mineral rights in Kaufman County, Texas. I’d say to my knowledge of it, it’s a few hundred acres but my number is not confirmed since there are over 100 counties in Texas and so many states and ways to fraudulently or legitimately and legally change money and/or ownership. My father’s was stolen through a fraudulent and false affidavit of heirship lol. I could not understand this so I’ve been searching incorrectly and going in circles in mind and on paper half the time. Literally.
You will need an attorney in the state where the minerals are located. This will likely require a quiet title action.
In the state of Texas, there is a two-year statute of limitation on filing a lawsuit for recovery. The two-year statute of limitation begins on the date you discovered you were ripped off! Get an attorney ASAP!
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