Hey folks,
I'm hoping someone here might be able to give me some advice on where to go with this.
My father held mineral rights in Converse County and he passed away about ten years ago. HE and I weren't on speaking terms for majority of my life, so I had no idea about this until about a year and a half ago when I got a call from Chesapeake. My understanding is that after he passed, his wife signed a lease with Chesapeake for those rights. At this point, no one was aware I was an heir to these rights as well. Once Chesapeake discovered I was an heir, the immediately contacted me to have me sign-in on the lease to make sure everything was legal.
However, as the lease has been in production for some time, I was supposed to receive back-paid royalties which I have yet to receive. When I contacted Chesapeake, I was told there was a problem with probate regarding the rights, and until that was settled no royalties would be distributed.
I contacted the Converse County clerks office - no probate documents there. I contacted the county where my father passed - no probate documents there.
I'm kind of at a loss about where to go from here and any advice would be greatly appreciated. I have no contact with my father's widow, so that's not really an option.
Dear Mark,
First it is regular procedure for the oil and gas companies to stop payment of royalties as soon as they learn of an issue with ownership/probate. Just make certain they are properly placing the monies into escrow with interest. Secondly, was there a will? Who has it? Do you have a copy? Are you certain that you were a current beneficiary when your Father passed away? We've been through these messes a couple of times so I'm very familiar with the games that are played. Feel free to call me to discuss and I can direct you to one of the few (in my opinion) forthright attorneys in Wyoming that can help. Many attorneys in Casper and around Wyoming actually work for one or more oil and gas companies. Phone number 253-241-7857
Ray A. von Proctor
I would start with contacting a probate attorney in the county in which he lived. Until the will is probated in his home county, the state of Wyoming seldom will consider excepting a probate. Been there done that. It must be first probated at his home county whether there is a will or not.
Also, if he inherited the minerals from his parents or who ever then there is a good chance that his widow is not entitled to the minerals unless it is mentioned in his will. It is considered separate property. If there is no will then the court has the soul discretion to determine who inherits what. If your mom is not his widow then most the time his children would be entitled to half his estate of everything acquired during the marriage, all that was inherited from his relatives and all what he owned prior to their marriage.
I would seriously find a probate attorney right away and make claim to his assets.
Good Luck,
Bill
Thank you everyone, for your input and advice. Lawyering up in Converse definitely seems to be the way to proceed in this.
Ray - would you be willing to PM your lawyer recommendation on here?