AboutJames H. McConnell, CPL Expertise READ CAREFULLY BEFORE ASKING ME A QUESTION
I will try to answer questions about oil & gas leases, minerals, royalties, and servitudes, if the questioner has provided a good description of the lands. I require a section, township and range for any land not it Texas. I require a survey name and an abstract number if the lands are in Texas. I will answer questions about offers to lease or purchase mineral interests only if all terms of the offer are in the question, including the term, the royalty and the amount offered. Failure to provide this information will result in the question being rejected.
I have answered more than 2300 questions on this site and get as many as fifty in one day. I do not have the time nor am I inclined to deal with detailed questions requiring an attorney. I am not a substitute for an attorney. If you do not write in a cognizant form, I will reject your question. If you have done real research and have a question I find interesting, I will answer it. If you haven't done any research on your own, I will not do it for you.
If you do not rate the first answer, do not send a follow up, because I will reject it. If my time means so little to you that you feel that you cannot take your time to rate an answer, I do not have time to answer another question.
Experience I have been a Professional Landman for more than thirty five years. I have drilled and operated oil & gas wells in Louisiana and Texas and an familiar with the rules and Regulations of the Texas Railroad Commission and the Louisiana Department of Conservation. I have testified in court as an expert witness.
Question QUESTION: My family has land in Louisiana and all relatives to receive interest from my grandmother's portion are deceased except for myself, my brother and sister. We have been working with the oil company for a year an a half to obtain the interest we a heirs to, but each time the company has us fill out forms and have them recorded they say we need a different kind of heirship form. Can you tell me actually what form is needed to show heirship in De Soto Parish, Louisiana?
Thanks in advance for your help
ANSWER: Any Affidavit of Death Heirship and Marital History that gives the details of all of the births, deaths and marriages beginning with your grandfather and grandmother should suffice. Send the company a certified letter telling them you have furnished them the information required by law and to pay you all of the royalties due and owing you within thirty days of the receipt of your letter.
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QUESTION: Where will I obtain this form and should I have someone other than a family member complete it, and does it need to be recorded?
ANSWER: It must be recorded in the county in which the property is located. The Affidavit's purpose is to create a record chain of title, wherein the parties owning the property are named. You could hire an attorney or a landman to prepare an affidavit.
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QUESTION: The company I am dealing with said I needed someone that has known our family for 20-30 years, is this true? Also do I need to go through probate?
Answer The purpose of the affidavit is to set out the heirs of a person that died intestate. If the said person died with a will a
Succession or probate would be necessary to put the will into effect. You need someone with a knowledge of the death, heirship and marital history of the family members in the affidavit. the family member that keeps the family bible of the one that keeps up with the genealogy will suffice.
