MY Question is : Can a sibling have the right to sign at lease when there`s 1 more heir and that heir didn`t have no knowledge it even exist until oil co. found the sibling after 2 yrs
lease was active, receive bonus, How can a Oil Co. do a mistake like that. Maybe not Oil Co. but landman for Co. So what happens now ? Who gets what ? And Heaven help Us.
Is the property producing oil?
If so, have you contacted the company?
Hi, Texa Lady -
I'm not an Attorney, but from my knowledge each of the siblings owns their own undivided 1/2 mineral interest in the subject properties. Or, more clearly, each own an undivided 1/2 interest in whatever minerals they purchased or inherited.
What one does with their undivided, but stand alone mineral interest has no real bearing on what the other does.
Even if the property is already producing, the now located second sibling can simply sign a lease effective as of the date of the first sibling's lease or as of the first date of production. Or really, could just Ratify the first sibling's lease, thus joining in it.
Either way, the second sibling should receive their own, separate Bonus payment. And it should be equal to that the first sibling received.
The second sibling should not sign ANYTHING until the issue of their Bonus payment is resolved.
If the company accidentally, mistakenly or inadvertently paid all of the Bonus to the first sibling, then that brings up a couple of possibilities. If the first sibling warranted title in their lease, then they are obligated to pay back half of the Bonus they received so the oil company can then pay it to the second sibling. If the first sibling did not warrant title in their lease, then the company will have to pay the second sibling out of their own pocket.
If the entire Bonus was paid to the first sibling, the issue is one for the oil company to address and resolve. It shouldn't turn in to a disagreement among siblings.
The fact that it took the company or their Landman two years to locate the second sibling is not anything particularly unusual. Family's drift apart all the time (which is sometimes heartbreaking). It just took that long to find the second sibling. Sometimes they are never found.
Think of it as a positive thing! You're together again right at the Holidays and you both have a little extra money.
Hope this helps -
Charles
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
Hey, Girl -
Jesus, my 17 yr old Yard and Firewood Magician found a kitten in my garden earlier this evening that I guess I have now adopted. It has deleted this message twice now, walking on my keyboard, so I'll have to either be brief or lock it in the bathroom.
Yes, it is sad how money changes some people. I've seen arguments over simple Lease Bonus money payments tear families apart and then a dry hole drilled (an unproductive well). Everybody standing around looking for who to blame.
I'm glad the Landman found you and is straightening everything out. No matter what your sibling says or doesn't say, what the public records reflect (the County Clerk's Records and the County and District Court Records) dictate reality.
Sounds like there are good things in store for you!
I am not an Attorney and advise that you always consult one when these sort of things come up, but If you want me to look over your paperwork, I will be happy to do so.
Ask the Landman for the company that contacted you for a copy of his or her Title Notes or Title Runsheet on your tract(s) of land. Title Notes are brief, a Title Runsheet is thorough, but both amount to a history of your lands or interests.
The Landman should also be able to provide you with a copy of your or your family's "Source Deed" or document - how you or your family initially acquired the mineral interest(s).
Ask for a map of the property(ies) too. A picture is worth a thousand words.
Start a file and keep everything you ever receive about the property in it. Helps if you organize it Chronologically (first thing at the bottom, most recent thing at the top).
Have you already leased your interests? If not, I can give you a few suggestions. The provisions of a lease can be very important sometimes.
Also, if you will provide me with the legal description of the lands, I will be happy to review the area for you and let you know what is going on. Might be some really Cool Beans stuff - just have to take a look.
The legal description will be set out in your or your sibling's lease. If you don't have that, I may be able to look it up on the internet, but I will need yours' names and the oil company's name.
If you want to tell me the legal description or your names privately, accept my invitation to become "A Friend" on The Forum and you can either send that information to me that way or I can give you my private email address and you can send it that way. I'll send the invitation right after I send this.
Remember for now: Don't sign anything until you have learned all about what effect it has on your mineral interests.
I can't promise to always be right, but I will be happy to do what I can to help you learn about all of this.
Others here on The Forum will be happy to help as well.
Hope this helps -
Charles
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
P. S.: It purrs and a little while ago very bravely HIIIISSSST!!! at my old dog, Becky... who actually loves cats and I think thinks of herself as one.
I'm in, hook, line and sinker. Guess it's over to Wal-Mart tomorrow for a Cat Box and litter... And a bunch of paper towels until "we" learn to be housebroken.
God has a funny sense of humor...
Charles,
Isn't it great to be a landman. Did you say a cat? Nope, not in my house. Cats were made for dogs to chase 'outside' and get their exercise. hehehehehe Now I feel sorry for ole Becky.
Thanks for your effort and time to help this lady.
Clint Liles
Hey, Clint -
I appreciate you kindness. With some 35 years at it, I couldn't imagine wanting to do anything else other than being a Landman. We have such a body of knowledge that so few others have and should. It's a pleasure to be able to share it.
My Becky is something like 15 years old now. Her idea of chasing anything these days is about 2 steps, with an old, sad "Ruff, Ruff", but believe me, she had her day.
She's still quite beautiful and the Best Egg ever. She's asleep on the floor behind my chair right now, as always...
The new kitten is curled up, high on top of the Comfort Chair in the Living Room right now, safe and sound.
I expect whenever I head to bed I'll have his or her's company around my head (too young for me to tell yet).
Either that or I will have to listen to the MeOws all night...
Life is rough.
And sometimes includes Cat Boxes.
Texas Lady:
I'm sure we both apologize for intruding into your message string. Just Boys being Boys.