Feeling robbed
I found out about a year ago that my family and some other heirs are the owners of 137 Acres of Mineral rights in Brooke Co. My mother is the actual Heir in our family because my father died a few years back and that made her the heir. Those Mineral rights have been in our family for approx. 120 years. They belonged to my Great Great Grandparents originally. I work in the same industry with oil and gas (Operators Union) and explained to my mom that these companies are going to be contacting her and she really needs to make contact with an attorney to make sure she knows what she is signing. My mom is horrible with money and somewhat incompetent. She makes irrational decisions. We haven't heard anything for about a year from anyone so with my curiosity killing me I started doing some research of my own only to find out after putting snide comments together that my mom has signed over all the Mineral rights to a Missionary last month (who happens to be a pastor that she knows) and they are running a mission in a foreign country. They just started the mission when my mom signed over the rights. I am devastated. I don't know what to do. I don't even know if I have any rights?? I have asked my mom to take it back but she will not do it. Our family is poor and I feel like this wasn't even hers to give. It belonged to my Dads family. Even if she asked the greedy Missionaries for the rights back Im sure they wouldn't willingly give them back. They brought an attorney to my moms house that they hired and had all the paperwork done. My mom is handicapped.These people are family friends and They knew this would not be ok with any of us and I feel like they snuck behind our backs and persuaded our mom to sign the papers. She of course will not admit that, she said that the Lord told her to do it so she did. Does anyone have any suggestions as to anything I can do or at least help mend my broken heart with some kind words??
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Replies to This Discussion
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Permalink Reply by Nancy Mosley on
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When your Dad died did he leave a will? That would be the place to start.
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Permalink Reply by Sherri McDonald on
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No my dad didn't have a will. None of this was willed to our family. My dad didn't even know about this property when he died. We just found out about it last year when the company was researching the mineral rights.
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Permalink Reply by Robert Allingham on
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Kind words- "It is easier for a camel to go thru the eye of a needle than for a rich man to enter the kingdom of heaven". Perhaps your mother did this to get closer to God. Have you tried talking to her pastor about this?
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Permalink Reply by Dan on
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It was a pastor that just ripped her Mom off. Council with a crooked lawyer would be much more prudent than council with a crooked pastor, not saying their pastor or lawyer is crooked but seek out a competent law firm that can look at possible criminal activity that has oil & gas experience. Good luck Sherri.
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Permalink Reply by Sherri McDonald on
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I understand her need to get closer to God but as I told her, It is ok to give a few bales of hay but you DONT give away the family farm. The pastor will not give back the rights, she tricked my mom into giving those and was deceptive with our whole family in sneaking behind our backs to do it. They both knew it was wrong. God doesn't have secrets. If I do something that the Lord has encouraged me to do I am excited about it. I want the world to know. I don't keep it from anyone. My Dad would be very disappointed right now.
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Permalink Reply by Nancy Mosley on
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It might be worth what Dan said, getting an attorney of your own to look at things.
As I understand it (I am not an attorney), the West Virginia law on intestate succession (no will) http://www.legis.state.wv.us/WVcode/code.cfm?chap=42&art=1
would give all of your Dad's estate to your mother, assuming all his children are also your mother's children, no children from a prior marriage. But there might be some kind of mental competency aspect here (was she thinking straight). And do you have a way to check the courthouse to see if the deed from your mother to the church has been filed?
If it is all in legal order, then the only way to look at it is, God knows what is in people's hearts, and someday people will have to answer for their actions.
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Permalink Reply by Brad on
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Sherri, If the Lord did tell your mother to sign over her mineral rights over to the pastor for the missionary then it is the Lords will it will not be changed.But if the pastor did coerce your mother then it is their sin the Lord will take care of all people involved. And for now only the pastor and or other people involved plus your mother know the truth and the Lord of course. But with the verse in Matthew 19:24 where Jesus says it is easier for a camel to go through the eye of a needle , than for a rich man to enter the kingdom of God.Many people get confused and stuck on this one verse and they miss what comes two verses later in Matthew 19:26 where Jesus says with men this is impossible; but with God all things are possible. See if you read in between verses 24&26 even the disciples were in question about who then can be saved.Even after verse 26 they were still in question.I pray your mother is not one of the saint's who does not get past verse 24 if so and the pastor knew this and did not instruct her on verse 26 that pastor shall receive greater condemnation. God Bless
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Permalink Reply by Brad on
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Sherri, I just read over my post please do not get misled where I say it is their sin and the Lord will take care of all people involved I did not mean your mother but the pastor and other people involved if their were others.
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Permalink Reply by Sherri McDonald on
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Brad, I understand what you meant. I appreciate the comments. Thank you all so much.
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Permalink Reply by cj wyalusing on
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Sherri don't worry because a rich man will never make it heaven !
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Permalink Reply by 0ym9x5ag7ury2 on
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Sherri,
1) Check your Dad's will to see if he included his children as part owners of his portion of earthly goods. If he did, your signature would also be required to transfer the property. My Dad made sure my Mother didn't get taken advantage of by including all children as owners of his estate.
2) Check the transfer deed to see if it was notarized with the Notary present when your Mother signed.
3) Was your Mother declared incompetent prior to the transfer?
4) Check WV Laws for the laws that protect WV citizens from this type of theft. I saw several laws for Ohio preventing this type of theft while looking for Theft type laws earlier in the year.
5) Check with WV authorities to see if the perpetrators have already been reported and action taken/laws that may have been broken.
6) The last suggestion is one I live by, when a thief takes advantage of me they ALWAYS leave a loophole that can be used to take legal action to overturn their actions.
Take a copy of the transfer deed to a lawyer after you read it yourself and find that loophole. If you can't find the loophole, I'd be glad to point it out to you. It's there, you just have to look. Trust me on this one!
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Permalink Reply by Sherri McDonald on
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Thank you Ron for the info. I am taking a day off work next week to go to the courthouse and check the deed. Thank you Thank You. I just had no idea where to start.
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