I'm the POA of my mother who is homebound. She worries so bad that she literally can't make a decision when it comes to anything
Melerly asking her needs, she can not make a decision without feeling that she is making a bad one. In her mind she is scared to touch anything because she does it all wrong. She is blind, so all legal information I have to review I almost had her to where she could function without a care giver and she can't stay home alone because she will call for help on days for the tiny things. We got so close the landman got ahold of my mother and her sisters to buy her minerals. I was notified and the sisters decided not to transfer, however the landman came over and MOM SIGNED! My aunt's and I tracked him down and he said that he wouldn't send in and will destroy. Well we've been in courtover houses for years. They re-transfered even my aunt's. Minerals or hard court, don't care if it's signed than it's as good as done. What can I do?
It's hard to tell exactly what the problem is.
When you sell a house, you can keep the mineral rights and sell the house and if anything is found under your house at a later date, the original owner who still has the rights will get the money over the new homeowner. They tried that for a while until sellers stopped buying because of it. Now usually the mineral rights on the land go to the new homeowner.
The first thing I want to know is, is this just a purchasing of mineral rights to explore the land (which could be a bust) or is there has there actually been something found?
Land companies will buy mineral rights IN CASE they eventually find something, which plenty of times never happens.
OP needs to come back and explain this better. In the end, it may just serve as a warning that mom needs a higher level of care. In other words, I’m not sure this is worth doing anything about other than it’s a giant red flag and maybe be thankful for the warning.
If mom sold the mineral rights, she was paid a small sum for them (usually around $500). The issues probably is if they go to sell the house, they can’t pass the mineral rights to the new owner as this company now owns them. Again, if nothing was found, it’s an imaginary issue so to speak.
Obviously, they need to see a lawyer as this is a dicey legal issue with many layers here.
Yes, this was mineral rights, and they go door to door in parts of our country trying to get them, ruining the home value of entire neighborhoods when they do get them.
And this poor dear, blind, anxious, possibly undiagnosed was simply a sitting duck. Of course this also involves money as mineral rights are BOUGHT.
As this is already in the hands of the courts I don't know what our OP imagines we might do other than BE WARNED.
This is a giant red flag for this family.
BarbBrooklyn, thanks for posting POA2MOM's question on their behalf. And JoAnn29, thank you for messaging to help them navigate the forum.
I've changed the original poster of this question in our system to minimize confusion and ensure POA2MOM sees the answers below.
Hope this helps.
Did you post this or have you been hacked in some way? No explanation has been given why you chose to post POA2s question. And the whole thing is confusing to me.
I really don't think Admin can do anything since it not a separate post.
Did you post this merely as a warning to people what can happen if an anxious, blind person is approached for her signature on such a document?
This is clearly now a legal question, and the original OP of this post says that this issue is in court. Given that. Given that, I can't imagine what input WE Forum members could have that would help the OP. But this DOES serves as a warning about what a blind, anxious, perhaps undiagnosed elder might get up to if approached by scammers intent on elder abuse. The undiagnosed may be prey to scammers.
Yes, our signature can give away the oil/mineral rights to our land. There would likely be financial recompense to us, but our neighbor would have an oil derrick by their back fence and we would sleep poorly with the racket. This is a very sad case.