I have funds in suspense because I can’t get a proper AOH due to no one being alive that can vouch for it. However I was able to sell a portion so that would mean I have Marketable Title right ? Would that make it payable in Texas ? Thanks for your help everyone.
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I assisted a family friend in Texas by completing an AOH. I know the family and most family members for about 30 years. It does not have to be a blood family member - it could be a close friend. It was a similar situation with funds in suspense, and after completing the AOH, everyone is receiving royalty checks. I have attached a blank form, but would suggest you contact the County, or an attorney to be sure you have the correct format and form. Good luck. Blank Affidavit of Heirship.pdf (138.4 KB)
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Thank you for responding. My problem is there is nobody that knows the family even because I don’t anyone. Even I have never met my family. Talked to them one time years ago. The oil company found me on ancestry website. Signed me up with a lease,had me sign the HOA, paid me for a year, I even sold a portion . Then after putting more wells on it they suspended my funds. Said I needed to cure title. I have DNA evidence but not directly. (from a parent) I have a half sibling but they will not contact me. The oil company knew my situation and that I wouldn’t be able to get a AOH. No one is contesting that I am an heir, only the oil company . I need an attorney in Texas (I’m in Ca) but I need a recommendation for someone who can work with DNA or can straighten out this company !! I need it quickly as I have gotten myself into a conundrum thinking they are putting more wells in and I would be getting paid.
Any ideas from anywhere and anyone would be more than appreciated.
My thinking is that you should first get a copy of any relevant deeds for the property/properties in question. They are probably available on texasfile.com, but if not, you may have to obtain them directly from the county in question, which might involve hiring a landman (I’ve had some county clerks who were willing to research deeds for a modest fee, while others who did not offer any sort of research services). Then - and I’m assuming here that both your parents and any stepparents have already passed - you need to get a copy, probably certified, of any relevant wills and probate orders documenting your ownership. These will usually (but not always!) be in the county deed records in the county/counties where your parents (and stepparents, if any) passed. Those documents should be enough to convince the payor that you are the rightful owner of your interest.
All that being said, if your family situation is at all complicated (divorces, remarriages, unusual provisions in a will, etc.), it’s probably better just to hire a landman to track all this down and produce an ownership report. A title company might also be able to do the research and provide you with what you need, but I’ve found not all of them deal with mineral interests. If all else fails, you may need to hire an oil & gas attorney. Has the payor who has put your royalties in suspense told you what specifically they need in order for you to cure title? It might be they need something simple, such as a certified copy of a death certificate for only a single person.
The usual disclaimer applies - I’m not an attorney and this is not legal advice. It’s just what I’ve learned over the years as a Texas royalty owner.
Good luck!
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Sometimes companies are so eager to get leases that they are sloppy on the family histories. I had a case where the oil company took a lease from someone with a similar name though the actual owner had been dead for over 20 years. You may need to trace back to the original owners through death, birth and other records. Ultimately you may need a Texas attorney
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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No title Insurer will insure mineral rights. On EVER single title policy that I have seen it clearly does not insure mineral interest period!
Not sure I completely understand your response, but in any event, I wasn’t thinking in those terms, only in removing defects that would prevent someone from being able to demonstrate clear ownership of a mineral interest such that there would be no reason for that person’s royalties to be put in suspense. I will admit, though, that the question of title insurance has never come up in relation to my mineral rights, perhaps for the very reason you mention.
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Contact an oil & gas attorney. Everybody can give you their “expert” opinion but at the end of the day it sounds like you need an attorney to cure this.
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Send them a certified letter return receipt requested to their legal department in addition to a name whom you are deal with, if you know. Get them to explain the defect! What state are you in? It sounds like that you own more than one tract, so that might explain part of your problem.
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