Brockton, MA asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas

Q: If my grandmother's name was forged on a document that cut her out of dividends from land (oil). What can be done?

My great-great-grandfather left his grandchildren land that Shell oil ended up digging and finding oil. My grandmother is one of his grandchildren. One of her first cousins who has since passed forged her and her sisters name on a document cutting them out from dividends from Shell. Her other siblings willingly signed it in Texas, but her and her sister were not there and in Massachusetts. To this day dividends have been paid out to the other family members. Being that my grandmother and her sister did not rightfully sign that document would it be invalid ?one. Two are our families entitled to any funds and or retro back pay from the original agreement?

2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: How long ago did this happen? It may be too late to correct the situation.

Aimee Hess
PREMIUM
Aimee Hess
Answered
  • Energy, Oil & Gas Law Lawyer
  • Streetman, TX
  • Licensed in Texas

A: Your family's rights depends on what kind of document was signed and how long ago the forgery occurred. I assume the forged document was a deed. In Texas, a forged deed is void and does not pass title. However, there are statutes of limitation in Texas for asserting your rights. What statute of limitations applies and whether there are exceptions to those statutes that apply to your case depends on a variety of factors. In most cases, you cannot get royalties paid to someone else in error for more than 4 years in the past, but there are some exceptions to this doctrine. You may want to seek the assistance of a Texas oil and gas attorney who can interview you to obtain all the relevant facts, review the forged document and give you specific advice about your rights.

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