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

0ym9x5ag7ury2Permalink Reply by 0ym9x5ag7ury2 on December 10, 2014 at 12:51pm

CJ,

    Your wish is JT's command.   Another good post JT.

Permalink Reply by cj wyalusing on December 11, 2014 at 9:46am

Thank you for the info cj

Permalink Reply by Kirk Sherry on December 10, 2014 at 6:02am

Sherri , There is a legal term called "undue influence" -- that is where a person or persons may have an unfair or undue influence over someone such as your mother because she fears that they may shun, abandon, or harm her in some way - being that she is poor and handicapped and possibly fears losing their support -and may even fear not going to heaven etc., etc., - it may put her in a vulnerable position emotionally and/or mentally. This can easily happen to people (particularly elderly, handicapped, or otherwise dependent people) I would consult an attorney about this issue because she may have been manipulated or influenced in an unfair way by someone seeking personal gain - Having said all this , I must also say that I have a very strong faith myself in God and am willing to be wrong about many things - however I have seen people influenced by people who are blind to their own human frailties and defects because of their natural propensity to fulfill their own human desires - we are all only human and sometimes over step the boundaries of fair play when dealing with others -Again Sherri - I am willing to be wrong and none of us should be quick to judge - the decision your mom made may have been based solely on her own judgement and beliefs without being "overly or unduly" influenced by someone else. But I certainly would (as you are) look into it. Good luck and God bless - Best Regards , Kirk W. Sherry

Permalink Reply by Sherri McDonald on December 10, 2014 at 8:55am

Kirk, Yes, I have read your comments and found them all to be very helpful. I have made huge progress in the past couple days since joining this website because off all the excellent advise I have been given. I believe you are spot on about my mother and the undue influence is exactly what I have been trying to get across to my mom and did not have the words to express this to her until now. Thank you from the bottom of my heart for all of your support. I have the deeds coming to me and also have all the research that was done by Honor Resources on the property coming as well. I am hoping that will save me a ton of money when finally getting hold of an attorney. I plan to give all this to an attorney after the Holiday. I am so stressed right now as my job work load is picking up and then the added stress of this situation. Thank you again for all of your information, it is very helpful and educating.

Permalink Reply by Kirk Sherry on December 10, 2014 at 6:18am

Sherri , Hope you read my comments - It may also be helpful to google undue influence -then choose (for instance) "The free dictionary by Farlex" definition of "undue influence" - Regards , Kirk W. Sherry

Permalink Reply by JT on December 10, 2014 at 11:46pm

You mentioned your Dad had no will.  Do you know if the deed to the property/minerals was a survivorship deed?  If not, your mom may not own all the mineral rights.  When there's no will, the estate is settled through probate.  Here's an article that discusses how property is settled when there is no will.

http://www.nolo.com/legal-encyclopedia/how-estate-settled-if-theres...

"Every state has "intestate succession" laws that parcel out property to the deceased person's closest relatives"

Permalink Reply by Kevin M. Yeckley on December 11, 2014 at 4:15am

Dear Sherri,

I read your story and my heart does go out to you and your family.  I've been in the Oil & Gas Business for over twenty (20) years as an independent contract Landman and your story, although surprising and shocking, is one of many that demonstrates the greed and evil intentions many people have when they begin to see dollar signs hanging in front of their dishonest eyes.

I do have a couple of ideas that may assist you and your family to possibly recoup some of the minerals and the associated royalty that may be forthcoming into the future. I'd be happy to speak with you about this. You can call me on my cell 412-651-3736.  Thank you.

Kevin M. Yeckley

Kevin M. Yeckley

Yeckley Business Ventures LLC

412-651-3736

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