Carrizo oil leased land that was willed to my father, who passed away before he transferred title. Now that the land is producing, oil company is holding royalties until we can get the title transferred to my name. The Landman I’ve been working with has said we can use an affidavit because my fathers will was never probated and it’s past the allowable time to probate it in Texas. The Landman has been promising to get the affidavits to me for a month now and he’s dragging. I’m suspicious as to why he is delaying. Is there something I don’t know about, such as if the land was not in my name, can they just never pay me royalties? How does that work?
If you post the state and county and location, folks may be able to get you some speed.
Lasalle county, Gardendale in texas
You can probably go online or call the La Salle county clerk and ask where to get the affidavit form.
I could file it in my own with the county and not have to rely on the Landman?
The County Clerk will likely not be able to help you with anything besides filing the document. An affidavit of heirship (likely what the oil co needs) is a custom document stating the facts and heirship of a specific person/people.
EX. John Smith was born in 1900. He married Linda Smith in 1920. They had one kid, Susie Smith in 1930. Linda Smith died intestate in 1990. Her only heirs were her husband, John Smith and her daughter Susie Smith. John Smith died intestate in 1995. His sole and only heir was his daughter, Susie Smith.
This is a very simple version, but that’s basically what an affidavit of heirship is. If you know the family history, it’s something that you/you and an attorney/you and a good independent landman can draft and do. Then you will preferably need a disinterested person with knowledge of the facts to sign. A long-time close friend of the “Smith Family” would be ideal.
I will also add, that Oil Co’s are notoriously slow and waiting a month or 2 or 10 for something isn’t as crazy as it should be.
Good luck!
This is helpful, and this is what the sandman is helping us with, the affidavits. It’s just that he has been VERY slow and it makes me wonder if he’s being slow for a reason. I guess I’m not trusting him, so wanted to make sure that he can’t take the royalties for himself or the oil company withhold them indefinitely.