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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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How is it that oil companies can take advantage of people who

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How is it that oil companies can take advantage of people who don't know the law concerning mineral rights and such? My sister inherited from her father 570 acres of mineral rights in Texas, and XTO energy badgered her so that she signed a lease before she could get the money for a lawyer to look in on it for her. She signed the lease to recieve 10% of the mineral rights profit. XTO is claiming they have a lease for the lifetime of the well.
Well since then my sister passed away back in December just before Christmas, and I am trying to set up trust fund for her children, can this lease be renogotiated?
Thank you for your question. Please permit me to assist you with your concerns.

I am afraid that any party can attempt to take advantage of the other if they do not know the law. The other party almost never has a duty to inform of what the laws are, and they definitely are not required to provide them with any sort of legal advice or representation. Having said that, once the lease is signed, it is binding based on the language in the lease agreement. It may be possible for you to cancel it but you would need to have a local attorney review the language and the means by which the lease could be terminated. Then, if that language exists, as an executor you could have the power of doing just that. I cannot tell you if it is 'winnable' without reviewing the language, but there are surely some potential issues or concerns that a wise attorney would be able to figure out for you.

Good luck.
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