Replies to This Discussion

Permalink Reply by The_Baron on October 7, 2011 at 8:38

1) What state?

2) Was this will probated

3) is there a judgment of posession?

 

Should they make claim on minerals you believe are not theirs, you must sue. Get a lawyer.

If there is a will that was accepted by a court of law and a JOP was issued, then you wil have a hard uphill battle to climb, and that may be almost imossible to overturn (think anna nicole smith)

 If it is not really a will that was probated, but something like a affidavit of heirship, the burden of proof will be on the parties that signed the affadavit.

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Permalink Reply by Bill R on October 7, 2011 at 9:15

 

We have a similar issue with a will that has "suddenly" appeared with amendments handwritten into it for a will that was probated in Shelby back in 1964... this will was 'found' under the drawer of a old desk at my Great-Great-Grandfathers house recently (2009). The handwritten amendment states that everyone in the family with the exception of my Great Grandmothers family gets a share, but our side does not(?). It is not dated, signed or notarized, however it is now on file at the Shelby County Courthouse. Our family has several copies (including one notarized) in our files that do not mention this, nor do the wills of the other relatives who have passed, who all left their mineral rights to the "family" in memoriam for perpetuum as did my Great-Great Grandfathers.

Needless to say we are fighting it... mainly because the relative that filed it claims most of the monies that we would not get. Strange thing is it did not surface until a couple of 'good' wells went in on the survey's in question. Add to this that it is only two surveys out of thirty three listed that this will mentions have this handwritten notation in the margins. The family member who filed it was also a Lawyer in both Shelby and San Augustine counties, working with many of the Land and Drilling companies located there and was a regular at the Shelby County Courthouse. Makes you wonder doesn't it?

Good luck with your fight, it sounds like it will be a battle to prove.

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Permalink Reply by LN on October 7, 2011 at 9:48

 

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Permalink Reply by robert minton on October 8, 2011 at 9:46

Bill  R. and LN: Every piece of manufactured paper has a watermark. The watermark will indicate the date paper was made. Could be that the paper was manufactured much LATER than the date of the supposed "will". Could be someone is going to jail!

 

 

 

 

 

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Permalink Reply by The_Baron on October 10, 2011 at 4:10

"Every piece of manufactured paper has a watermark"

 

What???

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Permalink Reply by LN on October 10, 2011 at 5:54

Since this case is in litigation regarding the ill-gotten lease agreement that a paricular oil company entered into with these people based on a fradulent "will", when natrual gas is discovered, what can be done to stop or at least stall them from receiving any more money?  Can't they be forced to hold the money in an escrow account until a decision is made regarding the outcome of the validity of the "will."

 

Thanks in advance.

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Permalink Reply by The_Baron on October 10, 2011 at 8:26

Any prudent Operator will of course attempt to insure the pay decks are as correct as possible. However, all the Operator and their title attorneys have to rely on is the public record.

 

In order for a party to prevent any payments from being issued, they would have to petition the court. This is not a rare oocurence as oil mineral title disputes occur on a regular basis. I have seen instances before where one individual has paperwork that is dispted by the family. A oil and gas operator will have a title attourney provide a title opinion, and will rely on that. If an individual believes it to be incorrect, they will need to bring legal action.

 

Please keep some perspective here, it is not unusual for an individual to become disgruntled with their family and rewrite thier will. It is also not unusualfor people to try to avoid paying a lawyer to help them rewrite their will. In the case of a dispute over the legitimacy of any legal documant, it is clearly the job of the courts to decide what is "fradulent" or not.

 

It is not uncommon, for a court to order the monies be held in escrow. It is also not uncommon for an Operator to petition a court to hold the monies in escrow. As an operator, we seek to relieve ourselves of any legal burden, and by having the court dictate where the monies must go can accomplish that.

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Permalink Reply by Bill R on October 10, 2011 at 13:40

Only since the mid 70's... prior to that only the more expensive linen type of papers had watermarks.

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Permalink Reply by The_Baron on October 10, 2011 at 8:29

Bill,

 

If I had to guess, it sounds like a change was proposed or toyed with, but maybe never acted on for one reason or another. Good luck with your fight, it would seem to me that without at least a signature I would expect that any reasonable court would toss the will. I would hope that a will probated in the sixties would not be overtuned on something like this.

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Permalink Reply by LN on October 10, 2011 at 8:38

I want to personally thank all of you guys for your valuable information.  :-)

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Permalink Reply by Bill R on October 10, 2011 at 13:53

Yes, this is an exact copy of the original will... only this 'new' one had extra handwritten additions, changes, increases and decreases in the margins with 'little arrows' pointing to various areas of the will. Some of the 'language' or type of writings does not match up with the rest of the will. Even the handwriting does not match up with any letters or writings we have copies of. We are expecting the same as far as the courts, but now there are many questions about why this one was excepted in place of the will on file and how it got there.

Between this and the issues with my violating the non-disclosure clause of my of the leases that one of the companies hold by talking about some of it on here, I'm just swinging the bat and catching nothing but air! What makes it even more fun is that the 'Relative' that filed the 'new' will is also the one that 'ratted me  out' to the O&G company that I'm having issues with. Makes you wish you could pick your Relatives, doesn't it???

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Permalink Reply by LN on October 10, 2011 at 14:33

Please tell me how any of this can  be legal?  What has happened to our legal system? 

 

Will you and your family appeal any unfavorable decision?

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