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Affidavit Of Heirship Required By Energy Co

Discuss anything to do with property law - buying, selling property

Affidavit Of Heirship Required By Energy Co

Postby Frans » Thu Dec 01, 2016 4:39 pm

My mother died in Texas with no will but had undivided 25% mineral interest(oil and gas) in Colorado - 40 mineral acres. She died in 2001. I have three sisters who have leased their portion of this parcel in 2008 through the rules of descent and distribution. I have obtained a partial copy of an amended title acquisition report for the energy company that lists the descendents of my mother as tenants in common, naming my 3 sisters but not me.  Not sure why I wasn't included since there is no will specifying I should not inherit it, and my mother had always assured me I would have this. I did receive a lease offer from a landman in 2008 that I didn't respond to in a timely manner(within 30 days).  Now the energy company that has the lease with my sisters, wants to lease with me as well, but wants an Affidavit of Heirship filed first.  Why do they need this? And do I do this in Texas or Colorado? I've contacted two lawyers - one in TX and one in CO and they are acting like this is not correct and one wants to do a Protection of Inheritance Rights(TX) - the other wants more specifics from the energy company(CO). All sounding very expensive.

Can I fill out this or some other type of Affidavit myself and file it myself if I am an heir? Can I prove I am her son from a birth certificate? The forms that I can download online for this affidavit appear to require someone not related to do this - does that mean a lawyer?  I see other answers where the energy company should be able to supply me the forms.  My wife and I are confused and looking for some direction on how to proceed here. My sisters and I have no contact with each other so I am not able to talk to them unfortunately - they told me these rights were sold which we now find out is untrue.  Any thoughts on how we should proceed to ensure our portion of this are very much appreciated.  We are concerned we will lose our interest if we don't do something.
Frans
 
Posts: 50
Joined: Wed Jan 29, 2014 2:29 am

Affidavit Of Heirship Required By Energy Co

Postby Alin » Sat Dec 03, 2016 5:39 pm

My mother died in Texas with no will but had undivided 25% mineral interest(oil and gas) in Colorado - 40 mineral acres. She died in 2001. I have three sisters who have leased their portion of this parcel in 2008 through the rules of descent and distribution. I have obtained a partial copy of an amended title acquisition report for the energy company that lists the descendents of my mother as tenants in common, naming my 3 sisters but not me.  Not sure why I wasn't included since there is no will specifying I should not inherit it, and my mother had always assured me I would have this. I did receive a lease offer from a landman in 2008 that I didn't respond to in a timely manner(within 30 days).  Now the energy company that has the lease with my sisters, wants to lease with me as well, but wants an Affidavit of Heirship filed first.  Why do they need this? And do I do this in Texas or Colorado? I've contacted two lawyers - one in TX and one in CO and they are acting like this is not correct and one wants to do a Protection of Inheritance Rights(TX) - the other wants more specifics from the energy company(CO). All sounding very expensive.

Can I fill out this or some other type of Affidavit myself and file it myself if I am an heir? Can I prove I am her son from a birth certificate? The forms that I can download online for this affidavit appear to require someone not related to do this - does that mean a lawyer?  I see other answers where the energy company should be able to supply me the forms.  My wife and I are confused and looking for some direction on how to proceed here. My sisters and I have no contact with each other so I am not able to talk to them unfortunately - they told me these rights were sold which we now find out is untrue.  Any thoughts on how we should proceed to ensure our portion of this are very much appreciated.  We are concerned we will lose our interest if we don't do something.
Alin
 
Posts: 67
Joined: Sun Feb 02, 2014 11:55 pm

Affidavit Of Heirship Required By Energy Co

Postby Kevis » Sun Dec 04, 2016 7:39 am

Hello David.  An Affidavit of Heirship is used by companies to the determine the heirs of a person who died intestate(without a will).  I think the company here just wants evidence that you are, in fact, an heir of your mother.  The Affidavit should be executed by someone with persoanl knowledge of the facts recited therein, and this person doesn't need to be a lawyer.  I don't know if the Affidavit will satisfy the company but if they want it I would give it to them. The Affidavit should be filed in Colorado and perhaps the company will do that for you. You certainly can do all of this yourself. I am not sure why the title report did not list you as an heir but if there is nothing of record to evidence that you are an heir you would not be found in a record search.  The Affidavit of Heirship is used to fill this gap in record title. I do think you need to consult with a lawyer just to make sure that there is nothing you need to do in Colorado to ensure the proper succession of an interest from your mother to you. Even though your mom lived and died in Texas, the real property mineral interest will pass under the intestate laws of Colorado, not Texas.  I am not familiar with Colorado laws governing probabte but there are a number of state which require a form of probate even if the decedent dies intestate.  I don't think it would be very expensive to do this.   Do you know whether your sisters filed any kind of probate proceeding in Colorado?  It may be that the company will be willing to accept just the Affidavit without anything further but I would still check with a lawyer to see if you need to do something to protect your rights.

Good luck and let me know if you have any further questions.  
Kevis
 
Posts: 44
Joined: Tue Jan 21, 2014 8:11 am


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