My Dad and three siblings inherited land from their parents. Dad and one sister own the surface interest of 1/2 of the land and the other brother and sister own the other half. Then they all share the minerals eaqually of the land. Well my Dad passed away and then we find out that Dad "gave" his land portion to his sister he shared the land with. But my question is this, why would the lawyer be contacting me with papers of who owns what if Dad "gave" his land away. I called the lawyer and he said, "it is just a technicality." Clearing up something from years ago. All the while he is telling me this, he is constantly clearing his throat. He said that an oil man wants to drill and so they need "this" cleared up. BUT the legal papers say "that paragraph # of the original judgement should be amended to read as follows: and then my Dads name is listed as owning land AND the mineral rights. But the lawyer says "technicality" your dad gave away his land. He owns nothing. Sorry this is so long
2007-03-24 09:46:18 · 8 answers · asked by rinda_and_henry 1 in Politics & Government ➔ Law & Ethics
The lawyer said that when Dad gave away his land to his sister, that there was a notary public who witnessed it. So why am I getting these papers if Dad doesn't own the land? The papers say "The Findings of Fact, Conclusions of Law, and Order for Judgement have been entered on the 6th day of December 2006."
2007-03-24 09:52:39 · update #1
My sister and I have tried talking to our aunts and they are really cold to us. The one aunt told me sister, she was a money grubbing biatch and there was nothing for her and hung up on her. So why are they so angry?
2007-03-24 09:55:09 · update #2
Wonderful Answers Everyone. It is so perplexing.. This is the third or fourth time I have received legal paperwork from the lawyer about land my dad supposedly doesn't own anymore. To bad that when it comes to money, my aunts act like they don't know us anymore. Something else I found out..B4 my Dad gave this land away, supposedly, one of his nephews was farming on that land and not paying Dad any crop money. We found that out after Dad passed away. Dad didn't know anything about it.
2007-03-24 11:13:11 · update #3
Maybe the transfer between your Dad and his sister isn't clear, and as your Dad's heirs, you need to be notified before her title can be cleaned.
Or maybe the surface only was given and he never transfered his share of the mineral rights. The last sounds quite possible.
2007-03-24 09:50:19 · answer #1 · answered by DAR 7 · 1⤊ 1⤋
talk to a lawyer it sounds like a dirty deal if in fact someone wants to drill for oil then you and your sister are the ones who should inherit.your aunt may be lying you must find out and remember people do a lot of crazy things for money so be careful.do not trust her so called lawyer and do not sign any thing.get a lawyer they want the mineral rights because they want the money.good luck.
2007-03-24 10:11:01 · answer #2 · answered by dixie58 7 · 0⤊ 0⤋
I think that if your dad gave the land to your aunt there should be some papers saying that he did and they should have been witnessed by a lawyer or someone from the court system it sounds like there is oil on the property and they want to dig for it. You should go to the courts and find out what actually happened to the parcel of land that your dad had and who it really belongs to.
2007-03-24 10:03:11 · answer #3 · answered by grama15 1 · 0⤊ 1⤋
First of all if your Dad gave away the land and he did not give away the mineral rights they would belong to you!!!! Secondly if your dad and his sister did not record a deed showing he gave that land away then it belongs to his heirs not his sister.
Lawyer sounds like he is lying to you from the get go see you a lawyer that works for you only and have him look into this you could be in a situation where family is trying to screw you coming and going.
Sorry to be blunt but it happens a lot!
2007-03-24 09:55:24 · answer #4 · answered by Anonymous · 0⤊ 1⤋
because you can take it to court and get it being you are his kid.And about the oil man drilling/well sound like someone trying to make sure u have no rights to it. don;t sign anything until you get a lawyer. and these drilling people need permits to do this find out who apply for these permits.
2007-03-24 10:02:29 · answer #5 · answered by Anonymous · 0⤊ 1⤋
I wouldn't really consider 'giving away land' as legally binding. For your Dad to give his sister the land he would have to sign it over so it'd be legally recognised, right? Have you spoken to his sister about this?
2007-03-24 09:50:50 · answer #6 · answered by Selz 3 · 0⤊ 1⤋
his sister needs to file a restraining order against the oil man because he is trying to declare that him giving the land to her null and void
2007-03-24 09:54:07 · answer #7 · answered by plhudson01 6 · 0⤊ 0⤋
LAWYER UP. Do nothing else until you get a LAWYER....Silly!
2007-03-24 09:50:22 · answer #8 · answered by Anonymous · 0⤊ 1⤋