Oil/Gas/Division Order Amendment
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Question
Hello -- My elderly father has been in the oil and gas business all his life and has amassed numerous oil/gas well production in various states and counties. Neither he nor my sister and I know how to facilitate the transfer of his royalties to his heirs upon his death. We haven't been able to find Division Order Assignment forms anywhere. Do you know if there is a particular form or other procedure we can use to add my name and my sister's to his Division Orders that says upon his death his production should be divided between us? So far, no company we have contacted has a clue. Thank you for your time.
Hard to believe that "no company has a clue". This is actually an easy situation to fix.
Have you conducted Probate Proceedings on your father's estate? If so, you would merely need to obtain a certified copy of the Judgment of Possession filed in his estate and provide the Operator with this copy. That would be all they would need to transfer the ownership into his heirs.
If you have not completed Probate Proceedings on your father's estate, then, you should have an Affidavit of Heirship prepared on your father's family which states the heirship information. This Affidavit should be notarized and witnessed and you can send this to the Operator, along with a copy of your father's Death Certificate, in lieu of the Judgment of Possession as set out above.
The above should be sufficient to transfer the interests to his children.
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Answers by Expert:
Laura M. FitzGerald, CPL
Expertise
PLEASE READ CAREFULLY BEFORE SUBMITTING A QUESTION. I can answer all questions related to oil and gas ownership, mineral interests and working interests concerning the leasing and selling of your minerals, any questions concerning pipeline ROW's, units with the Louisiana Department of Conservation; pooling provisions, depth limitations, vertical or horizontal pugh clauses; and oil and gas terminology. I can offer assistance in negotiating for leasing your property, assisting in locating owners of suspended funds. I am only able to answer questions regarding oil and gas leases, minerals, royalties, or offers to purchase mineral/royalty interests if I have complete information. Please provide a full legal description for your interest(s). If the question pertains to a lease, please include all terms of any current (or desired) lease offers, including lease bonus amount, royalty and lease term. If the question is regarding a mineral or royalty interest offer to purchase, please provide the offer amount, date of offer, other offer terms, and further details on the mineral/royalty interest, such as lease terms, and if producing, the average monthly income. Since I receive numerous inquiries daily, I am only able to answer your questions efficiently and effectively if I have complete information. I must decline any questions submitted with incomplete information. If your question is non-technical in nature and you simply need assistance understanding an oil and gas matter, please submit your question with as much information and detail as possible. Any background information that has led to your question is also very helpful.
Experience
I have over 26 years experience as an Independent Petroleum Landman. I became a Landman after working as a paralegal for Oil & Gas Attorneys for 8 years. My first 2 years were spent specializing in Well History and Research with the Louisiana Department of Conservation, then moving into clearing title defects and handling title curative for oil and gas properties for the next 6 years. Subsequent thereto, I handled title issues, buying oil and gas leases and settling surface damages. I also acquired acreage for drilling prospects in excess of 10,000 acres. I also became a mineral/royalty owner commencing in 2004 and have found that I can help many people when they have reached the point in their lives they feel converting their minerals or royalties into a cash asset benefits them.
Organizations
American Association for Professional Landmen, ArkLaTex Assoc. of Professional Landmen, and Dallas Association of Professional Landmen (DAPL), Certified by the Women's Business Enterprise National Council (WBENC)- South. This certification is one of the most widely recognized and respected certifications in the nation. This designation is reserved for only those women-led businesses that exemplify the characteristics of integrity and professionalism to which the WBENC adheres to so strictly.
Education/Credentials
Attended LSU, became a Certified Professional Landman in 1994; Notary Public with dual authority in multiple parishes in North Louisiana;
Bilingual in English and Greek
Awards and Honors
Expert Oil & Gas Professional assisting attorneys representing landowners.
Involved in 2 lawsuits and both suits were awarded to the landowner.
Past/Present Clients
Consultant Landman for Texas Oil & Gas (TXO Production Corp.), Anadarko Petroleum, Comstock Resources,Independent Geologists, Pipeline ROW Clients, and Oil & Gas Attorneys. For the past 2 years my practice is limited to advocacy for the landowner. I also assist royalty owners recover suspended payments or incorrect royalty payments.
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