In 2016 my aunt filled out an affidavit of heirship where she put that my deceased father, her brother didn’t have any children so she could sell the oil and mineral rights that have been in my family for decades in Oklahoma. After she died I filled for probate and was awarded her estate. So I’m wondering if I have the right to take the companies that bought the oil and mineral rights from her to court bc they didn’t do their diligence in making sure that the information on the affidavit was true? Also how can I legally put the remaining deeds in my name if the affidavit of heirship doesn’t reflect my name? The oil and mineral rights are in Oklahoma and the probate was awarded to me in Texas, where she resided. I really need some guidance on this matter any advice would be greatly appreciated.
You need Oklahoma counsel. A Texas court has no jurisdiction over oil & gas mineral rights in Oklahoma.
So it’s doable if I get a lawyer in Oklahoma? I am new to all this.
I would think so (he says reluctantly without looking at any documents.)
It all depends upon the chain of title on each mineral tract. You need a good estate attorney in Oklahoma. Good luck to you sir.
If she sold the mineral rights, then you would likely need a quiet title in county where the minerals were located. Sounds like a mess that will need some sorting out.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
I agree with Mr. Winblad that something should be filed in the county where the minerals lie. Not sure where I got this, but I believe some states have a 10 year statute ?
If an Affidavit is not corrected or challenged, then after a certain amount of time it is assumed to be true.
She sold about 6500 acres to Cinco Energy land Service in Oklahoma. Would it be a good idea to reach out to Cinco energy about the incorrect information on the affidavit of heirship that my aunt used to sell? What will a quiet title do? Also what type of lawyer would I need to get a real estate lawyer or an oil and gas lawyer and what to expect if I was to get a lawyer? Do you have any recommendations for lawyers that have dealt with this before? I appreciate everyones help.
Not sure if the 6500 acres is both land and minerals, or minerals only. And I know nothing about Oklahoma law. But my sense is that first contact with Cinco should be through your attorney. I would want an O£G attorney with title opinion experience. You can help your attorney by providing him with all documents fully and quickly, and doing as much legwork as possible. The more support you provide the better your case will be and lower costs. Also, are there cousins involved to join in and split the costs?
I’m the only heir out of 3child which was my dad, his twin brother and his sister. No cousins also in probate I was awarded everything she owned. But before she died, she lied on an affidavit of heirship to sell mineral rights. These mineral rights were supposed to stay in the family, passed down to each generation but because she lied and said my dad didn’t have any children that’s how she was able to sell them.
You can observe qualified professionals (often with localized expertise) who provide services to mineral owners right here on The Mineral Rights Forum. You will notice them in 3 different places on the site:
-
in display image ads and text links on site
-
in our Mineral Service Provider Directory in the main navigation bar above. These are arranged by professional discipline.
-
as a Business Member within many conversations throughout the site Look for the blue colored “B” on their picture and blue colored text).
These practitioners are often able to provide specific (and often localized) services that meet your needs.
The Mineral Rights Forum Administration
Great Advice, I would think that if the Affidavit of Heirship was incorrect then I would say the the title failed and the sale too.
Someone needs to challenge the Affidavit before it is is deemed to be accurate, due to lack of objections!
I agree with Benjamin , that if the affidavit stands unchallenged for the prescribed period of time, in may be accepted as validating title. Both land and minerals are subject to adverse possession in Texas. Maybe someone with experience in Oklahoma can speak to this.
In Oklahoma Section 67 - Acquiring a Severed Mineral Interest from Decedent - Establishing Marketable Title Cite as: 16 O.S. § 67, __ __
A. After the date of death of a person who was an owner of a severed mineral interest in real estate, a person who claims such interest, immediately or remotely, through an affidavit of death and heirship recorded pursuant to Sections 82 and 83 of this title, shall acquire a valid and marketable title to such interest as against any person claiming adversely to such recorded affidavit on the conditions set forth in subsection C of this section.
B. Any purchaser for value acquiring a severed mineral interest in real estate from a person who claims such interest, immediately or remotely, through a recorded affidavit of death and heirship or a recital of death and heirship in a recorded title transaction, as that term is defined in Section 78 of Title 16 of the Oklahoma Statutes, shall acquire a valid and marketable title to such interest as against any person claiming adversely to such recorded affidavit or recital on the conditions set forth in subsection C of this section.
C. In order to establish marketable title pursuant to this section:
-
The affidavit or recital must state that the decedent died without a will, or if the decedent had a will, that the will was never probated in Oklahoma and a copy of the will is attached to the affidavit or recital, or if the will was probated that the severed mineral interest was omitted from the final decree of the decedent and a copy of the will and final decree is attached to the affidavit or recital;
-
The affidavit or recital must list the names of the decedent’s heirs and their relationship to the decedent;
-
The affidavit or recital must state that the maker is related to the decedent or otherwise has personal knowledge of the facts stated therein;
-
The affidavit or the title transaction that contains the recital must have been recorded for at least ten (10) years in the office of the county clerk in the county in which the real property is located; and
-
During the ten-year period following the recording of the affidavit or the title transaction that contains the recital, no instrument inconsistent with the heirship alleged in the affidavit or recital was filed in the office of the county clerk in the county in which the real property is located.
This section shall apply to affidavits recorded before November 1, 1999, as well as to those recorded thereafter, except that, with respect to those recorded before such date, the ten-year period specified above shall not expire until one (1) year after November 1, 1999. This section shall not apply as against any person in possession of the land, by occupancy or by occupancy of a tenant, at the time such purchaser acquires an interest in such land.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
This topic was automatically closed after 90 days. New replies are no longer allowed.