[RDFG]

So this is what you need to explain. Are you saying there are funds in an estate currently going through probate? Is she the beneficiary of those funds or are you?

The funds are from a estate from my fathers side 3 generations back, There is a lease that needs to be signed to receive them. She is not able to sign it. So it will go to a estate till she passes. I then can sign. So pretty much she will never see it.

[tickle]

Why do you not have Power of Attorney ?

[RDFG]

Why do you not have Power of Attorney ?

She did not tell anyone she had dementia. It came on really fast.
Did not know I could not get it once she was in nursing home.

[ScottGem]

She did not tell anyone she had dementia. It came on really fast.
Did not know I could not get it once she was in nursing home.

So you have a court declare her incompetent and be appointed as her guardian.

[RDFG]

A 300 year old probate case? A will or intestacy from more than 60 years before the American Revolution?

I don't think so.

But if so, I would love to watch, it would be fascinating.

It is property with Oil rights that goes back to my great great grandfather.

Its still all relating to the same issue and knowing the whole story would help answer you.

But I don't understand how knowing this would help you provide medical care. You say she was married 3 times, but you don't know if she was legally divorced from either of the first two.

The family may go back 3 hundred years but an estate doesn't. Who's estate do you think she might be entitled to a share of? The 1st husband, the 2nd or the last? Why do you think there is any estate she is entitled to?

If you want our help, you really need to explain your thinking not just ask isolated questions. As noted bigamy is illegal, but someone would probably have to swear out a complaint for a prosecutor to decide to prosecute. Also as noted, a marriage is legal as long as a license was obtained and an official signed it. The marriage could be overturned if there were irregularities, but only be a court and a court would look into it only if a complaint was made.

If you have read all the post the story is explained. It is property with oil rights that belonged to my great great grandfather, Great grandfather, gradndfather my father. So it would come from my fathers side, I was not aware of it till a couple months ago when I was contacted by companys wanting me to sing a lease giving them permission to drill the oil. My mother is the one who is supposed to sign. She is not able to.

[ScottGem]

If you have read all the post the story is explained. It is property with oil rights that belonged to my great great grandfather, Great grandfather, gradndfather my father. So it would come from my fathers side, I was not aware of it till a couple months ago when I was contacted by companys wanting me to sing a lease giving them permission to drill the oil. My mother is the one who is supposed to sign. She is not able to.

I just saw that in post #17. OK, First, it doesn't matter how far back the property goes. Who currently owns the property, who holds title? If it is in your father's name and he is deceased and did not leave a will then your mother may be the one who needs to sign off. But whoever is the executor of your father's estate can probably sign. If legally your mother does have to sign, then someone needs to go to court and have her declared incompetent and have a conservator appointed. Once that is done, that conservator can then sign the lease.

You could have had this answer a week ago if you had just told us what you said in the 2 sentences above.

If the oil company is hot for drilling rights, they might provide you (or whoever) with an attorney to help you do this.

[Fr_Chuck]

Yes, 300 years. Or 50 years, does not matter, at the death of each owner, it gets passed on, to the next person. And each estate, is just that, one generation to next. What happened two estate ago, does not matter.

So how the ownership is listed on lease and proper now, and the current probate.

This is easy to solve, you get appointed her guardian and you can sign for her and make her decisions.

[RDFG]

I just saw that in post #17. OK, First, it doesn't matter how far back the property goes. Who currently owns the property, who holds title? If it is in your father's name and he is deceased and did not leave a will then your mother may be the one who needs to sign off. But whoever is the executor of your father's estate can probably sign. If legally your mother does have to sign, then someone needs to go to court and have her declared incompetent and have a conservator appointed. Once that is done, that conservator can then sign the lease.

You could have had this answer a week ago if you had just told us what you said in the 2 sentences above.

If the oil company is hot for drilling rights, they might provide you (or whoever) with an attorney to help you do this.

This is the first time I have ever used this site. I was not sure how it worked. There was a will. She is supposed to sign. No one knew about this till a few moths ago.

Yes, 300 years. Or 50 years, does not matter, at the death of each owner, it gets passed on, to the next person. And each estate, is just that, one generation to next. What happened two estate ago, does not matter.

So how the ownership is listed on lease and proper now, and the current probate.

This is easy to solve, you get appointed her guardian and you can sign for her and make her decisions.

Yeah that's what I thought. They want a 10,000.00 bond for me to get guardian ship which I do not have,

[ScottGem]

Yeah that's what I thought. They want a 10,000.00 bond for me to get guardian ship which I do not have,

Who is they?

You have told us that an oil company wants to drill on property your father inherited, correct? I'm assuming your father is now deceased, please explain the status of his estate and why it is your mother who needs to sign?

[joypulv]

It's good that you mention drilling rights. Those can be fraught with pitfalls. They can also vary by 5 or 10 fold in how much different companies will pay. Since they just map out huge areas of land and hire far away agents sitting at computers to contact owners, there's no way to know if they even will pay you once they have your signature. Your signature is just a convenience for them to get owners of a several square mile area, then they decide who they want to pay. So don't count on a dime!

[RDFG]

Who is they?

You have told us that an oil company wants to drill on property your father inherited, correct? I'm assuming your father is now deceased, please explain the status of his estate and why it is your mother who needs to sign?

Yes he passed 15 years ago. He left this to her by his will. I am next in line. We did not know of this. I was contacted by two different company's wanting me to sign. I can not sign, She has to

[RDFG]

What your really stating is that you dont want answers. The reasoning behind that is you dont seem to know what the right questions are to ask. That is why your either going to have to give us information to go on or just drop it and move along.

There are lots of answers. If you follow the other post. I do work long hours. . I can only respond when I have a few minutes. And there are many to respond to

[ScottGem]

OK, so his estate was processed your mother is now the title holder. Nothing else about that matters then. The bottom line is she owns the property and she or her legal representative needs to sign the lease. This means that you need, as we have said before, to get yourself appointed as guardian or conservator or something similar. There is no other answer to your predicament.

As a side note you said; "I am next in line.". Does she have a will leaving the property to you? If not, you may not be next in line. If there is no will her estate, what little may be left, would go to her heirs according to the laws of your state.

[talaniman]

Looks like they have to wait (as do you). Who is in charge of her affairs? Who has power of attorney of your father's estate?

[RDFG]

It's good that you mention drilling rights. Those can be fraught with pitfalls. They can also vary by 5 or 10 fold in how much different companies will pay. Since they just map out huge areas of land and hire far away agents sitting at computers to contact owners, there's no way to know if they even will pay you once they have your signature. Your signature is just a convenience for them to get owners of a several square mile area, then they decide who they want to pay. So don't count on a dime!

Im not concerned with this, I know the pay amounts sign on amounts and that the land will produce.

[tickle]

This situation is getting as deep as the drilling rights.

[tickle]

Yes he passed 15 years ago. He left this to her by his will. I am next in line. We did not know of this. I was contacted by two different company's wanting me to sign. I can not sign, She has to

Why did you not arrange power of attorney when she was able to sign you over to it ? POA is not difficult to do; we all have to get this done in good time for parents who we know will not be able to cope later on. So, she cannot sign, but with POA you could. So... I have asked this before, I don't think you replied.

[RDFG]

I dd everything in my power to get her to. She just refused to believe she was sick. She told me she would take care of it. She never did. To late now

[RDFG]

Why did you not arrange power of attorney when she was able to sign you over to it ? POA is not difficult to do; we all have to get this done in good time for parents who we know will not be able to cope later on. So, she cannot sign, but with POA you could. So... I have asked this before, I don't think you replied.

She refused to believe she was that bad off till it was to late. She also said she would take care of it. None the less it is to late to worry about what could have or should have been done. :)

[RDFG]

This situation is getting as deep as the drilling rights.

Yes lol and why to complicated to try to explain.