Affidavit of Surviving Joint Tenant Form

[Robert_J_Blair]

My mother and I are joint owners of mineral interests in 4 counties which we receive royal payments from 6 different companies. My mother has always received the payments and filed them on her taxes under her social security number. After she recently passed away, I contacted each payment company with her death certificate and a new W-9 form with my social security number. Only one company in Stephens County is requesting an Affidavit of Surviving Joint Tenant Form and has halted our royalty payments until they receive one. They said they could handle the affidavit through their attorney for $200. In the meantime, I see there are websites online where you can download a “Stephens County Affidavit Of Surviving Joint Tenant Form” for much less. Does anyone have any experience in obtaining or filing these affidavits without using a company’s attorney and spending $200? Any advice is greatly appreciated.

[John_morgan]

Can understand and appreciate what has happened.

I would go to the Courthouse in Duncan and ask for instructions on how to get that done

[Robert_J_Blair]

Thanks, John. Since my post, we have been in touch with the county clerk’s office who have been very helpful. She even sent us the affidavit form with instructions.

[Richard_Winblad]

Robert, Be sure to redact your mother’s SSN & DOB on the death certificate. I typically do this by cutting a sliver from the sticky portion of a PostIt note rather than marking with a sharpie. When the death certificate is returned, you can use it for another purpose.

Be sure to address your minerals in your estate plan. You may want to explore options other than naming a heir in joint tenancy deed. While they work great in some situations, they can be headaches if the beneficiary has tax, creditor, or divorce problems. Also it provides no protections if the beneficiary becomes disabled. Finally, it is problematic if the expected survivor predeceases. Finally, it is a transfer that cannot be undone without the beneficiary’s consent. Most people opt for trust or transfer on death deed.

Nothing in this post is legal or tax advice, it does not create an attorney-client relationship