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Permalink Reply by David Cain 19 hours ago

keepthefaith,

I am not an attorney, but you may want to do some research on the Marketable Title Act (MTA).  I think that could kick in after 40 years depending on the wording of the deeds between 1977 and 2017.  This is assuming you are not the surface owners of the property.  If there is acreage of any size involved, I would suggest that you contact a good oil and gas attorney.  You need a specialist in this field.  Do you know if the surface owners have filed anything against your family?  That might give an indication as to what the issue could be.  I have used KWGD in the past and was happy with their work but they have had some turnover and the attorney that I was most impressed with has moved on.  I have heard that others have used Emmens and Wolper and were happy with their work.  I wouldn't give up on this if I were you - mineral rights/royalties are too valuable.  Do whatever you can to retain/win back those rights.

I wish you luck,

Dave Cain

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Permalink Reply by keepthefaith 2 hours ago

Thanks, Dave.  Part of the issue is there was no deed between 1977 and 2017.  The original will and mineral rights separation happened in 1944 and, frankly, it was an inheritance and, after selling the coal, the five heirs forgot about it.  That is, until a cousin who was a child in 1944 and is now 90 remembered her father talking about it and we filed the affidavit. My mother died intestate in 1977 but her sister who died in 1999 had a will and left everything to me.  I, too, have used KWGD with success but this time, they seemed to drag their feet, were always "looking into it"  after I sent them all the related paperwork.  Essentially we got nowhere in about 6 mo to the tune of $2000.  I contacted Kidder who declined to accept the case.  

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