Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on November 18, 2011 at 10:21

Landmen charged with leasing for most energy companies can and often do help with Affidavit of Heirship documents as that helps establish title to minerals they need to lease.  There is no hard and fast rule however.  Why do you think it is needed? 

Permalink Reply by Ken Boone on November 18, 2011 at 10:27

I think it is needed because a family member told me that the company is going to mail me a form. Some posts back I stated that their was an heir issue where all of the heirs were not counted. I haven't received a form in the mail yet. This matter is dragging on and on. So do I just submit my own form to the company or not?

Permalink Reply by Skip Peel - Mineral Consultant on November 18, 2011 at 10:29

Wait for the form.  There should be a cover letter with instructions on the process.

Permalink Reply by Ken Boone on November 18, 2011 at 10:40

thanks

Permalink Reply by Skip Peel - Mineral Consultant on November 18, 2011 at 10:52

You're welcome, Ken.  I will give you something to consider concerning the Affidavit if the family member has not mentioned it.  The document requires someone who would have known the deceased person who owned the land and/or minerals and their heirs.  That person must be the witness to the statements contained in the Affidavit and can not be one of the heirs.  A family member that has no stake in the asset being conveyed or a close family friend acceptable to the court will do.

Permalink Reply by Ken Boone on November 18, 2011 at 11:40

That's interesting, being that I live out of state. What happens if I can't get a hold of someone who knew her? Does that mean that I would not be considered an heir? If that is the case, then why bother to call me up out of the blue and inform me at all?

Permalink Reply by Skip Peel - Mineral Consultant on November 18, 2011 at 11:48

The Affidavit likely affects multiple heirs.  Hopefully one of them will know someone who qualifies to act as the witness.  Ken, I can't answer why someone would call you.  I am merely stating what is entailed in an Affidavit of Heirship.