Skip to main content

How do I collect my money that an oil company gave to my sister in good faith and she was not the legal heir?

Shawnee, OK |

An oil company gave thousands of dollars of my inheratence to my sister without legal documentation. They did not check to see who was the proper heir to the roalty monies now they are telling me that the money they gave her I have to collect. I am the heir and the Administrator of the probate in Oklahoma. What can I do?

Found out my mother signed documents but was under a POA when papers were signed due to a stroke and had mental demesia and legally blind. Sister knew of stroke and POA still had mother sign to get funds. Company did not check if my 80 year old mother could sign for anything. My brother who did not approve of this action or know about it had the POA on my mother.

Attorney Answers 3


  1. Best answer

    Your sister is also likely to be liable. If she can pay a judgment, you may want to bring a claim of unjust enrichment against her. It is near certain that she has signed some document(s) for the energy company to receive funds. Those documents may support a claim of fraud. If judgment is given for fraud, it cannot be discharged in bankruptcy, as a general rule.


  2. You may be able to sue them. Whether or not they acted in good faith, or even properly at all, depends on facts which you have not included in your summary. The company will need to prove that it acted reasonably, in order to avoid liability.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. You say that the oil company gave money to your sister in good faith, but then you state they did so without documentation. You need to determine the circumstances under which your sister received these funds before you can determine whether the oil company's action was proper. If it wasn't, you may have a cause of action against both the oil company and your sister. Hire a probate attorney to assist you in this matter.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Probate topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics