Expert: James H. McConnell, CPL - 5/16/2009

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.