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Permalink Reply by Skip Peel - Mineral Consultant on June 21, 2012 at 8:34

Energy companies do not enter into leases with individuals based on what they say or claim or submit.  They make lease offers based upon conveyance documents recorded in the public record of a county or parish.  I suspect that they would defend the validity of their lease in court.

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Permalink Reply by Krkyoldhag on June 22, 2012 at 1:38

What I do know is that although I bought the mineral rights with my land the oil company had to have a copy of the deed, my identifying info and the previous owner's death certificate.

Now that sounds simple enough doesn't it?  Pretty straight forward.  But the catch is only relatives can secure copies of a death certificate.  Like death is a secret.  Same with birth records.  So much for public information.

So that took awhile...locating someone who could (or would) secure one for me.

So far as validity of claim..I know one case right here in Harrison county where one son (sibling of 8) forged his parents signature on a deed to their land, recorded it and is getting the royalty checks.  Parents were both way past being able to make legal decisions, living in a nursing home.  So even tho the records look good you never know do you?

Good luck with your tangle. 

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Permalink Reply by Skip Peel - Mineral Consultant on June 22, 2012 at 3:37

Although it's possible to forge a legal document and get a clerk of court to record it in the public record, it's not simple.  The clerk requires the use of instrument forms that meet certain requirements.  A forger would have to forge a number of signatures not just the grantor but the witnesses and the notary public.  Also a valid notary stamp would be required.  Many Clerks of Court offices have experienced personnel to review instruments prior to recordation.  And courts tend to frown upon attempts to subvert the laws governing the public record.

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Permalink Reply by Krkyoldhag on June 22, 2012 at 4:45

I know Mr. Peel..and the worst thing is that a notary had to have witnessed this document w/o being present for the signing. 

Its a nasty business all around.  The family is trying to get it all straightened out..but it is costing them $$$ for legal fees which they really do not have. 

What I know personally is that I am one of 4 children..and the executrix  of my mother's will is my niece.  I did not get my share as outlined in the will.  A delivery truck brought me about $100 worth of old linens and junk at a huge freight cost.  I just let it go.  Most people do I think.

In my case my mother changed her long standing will a few months before she died of brain cancer.  She had not been able to make decisions for at least six months before that.

I still advise : be sure you have reliable party to handle your estate..and be sure a copy of your will is either recorded or with your attorney.  And still, the person that gets into the house while you are at the bedside with your loved one will be cleaning out the heirlooms.

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