How to prove heirship

Ownership and Title
1

Does anyone here know of any situation where an attorney of an operating company wrote an Affidavit of Facts Concerning the Identity of Heirs, that was filed with the county in Texas, got paid royalties for a year, and now got sent back the paper I signed saying my account is in suspense pending a new division order signed and a proper affidavit of heirship?

There is nobody that is alive to sign the uninterested party part that they now want and so they suggested a “Determination of Heirship.”

The lawyer said at the time and I have it in writing that they wouldn’t be able to do a determination of heirship but that they were going to go ahead and lease my minerals, that it would help me and indirectly help them to clean up the title and confirm ownership.

I have already spent the money on property where I am moving. I will still need to pay capital gains on the sale and now have no income.

I have told the company all this. I have been in contact with 2 people from this company trying to get something figured out. But unfortunately not the lawyer that worked with me. Their last response was that they have emailed him many times and there was nothing else they could do.

One of the people I was in contact with said she put me on pay and it was her fault, but could not offer me any help and didn’t know what it would take to do a determination of heirship.

This whole thing is starting to feel pretty sketchy. Did they do something wrong? Their lack of being helpful and not contacting me has me stressed out.

To go from producing really great and adding more wells to probably going on food stamps is heartbreaking. I need to put a building on my property to have a roof over my head before winter and now everything is at a standstill, except winter.

If anyone has any ideas about why this could be happening? Did they use me so that they could start drilling and now they don’t want to pay me?

I know I am a rightful heir but my only proof would be DNA through 3rd cousins and I only know that through a genealogy website having never met them.

I have waited before I brought this up here. You guys have been really helpful with other things. I just don’t know where else to seek help.

2

You should do a probate or quiet title on the interest. Due to the public notice statutes, if there are others claiming an interest in the property, they must appear to be heard. If not, you will have a judicial determination of your ownership in the property.

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3

Todd, Thank you for responding. Nobody else is claiming an interest. I’m in CA. This so far has been a non-judicial. Since a lawyer signed me up with this I would think it should be handled with him. Can you explain what a quiet title is? I could look it up but it’s different when it’s related to mineral interests and not property.

4

From your post, the attorney worked for the oil company and so did not represent you. It seems that the form provided to you does not satisfy title requirements of the attorneys who issue the drilling title opinion for the operator. You should consult your own Texas attorney familiar with oil and gas title to review all the related paperwork and help you decide how to proceed. There may be a simpler solution than filing a quiet title or other legal action. Are you certain that he was a licensed Texas attorney and not simply a landman or other company representative who was practicing law without a license?

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Thank you TennisDaze,

He is Assistant General Counsel of Tall City Operations III LLC. Board Certified - Oil, Gas & Mineral Law Texas Board of Legal Specialization.

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This is the only attorney I worked with.

The reason I came into contact is I was looking for my father on Ancestry.com and came across a site with my father’s surname. It was set on private so you have to get a hold of the site manager to view it. When I did, that guy told me to call this guy that I would be really happy I did. It turned out to be the before mentioned attorney for Tall City. He listened to my story about how I knew this was my dad. When he called me again he told me about having mineral rights. So he knew the whole story.

I had found a half sibling that turned out had sold their interest 22 years ago and the attorney had wanted affidavits from both of us. When I approached my half sibling about it they quit talking to me (this was devastating as I had just found them not long before this and they were the only family I have left and why I was looking so hard for them). After 5 months went by the attorney contacted me again.

The lawyer said at the time and I have it in writing that they wouldn’t be able to do a determination of heirship but that they were going to go ahead and lease my minerals that it would help me and indirectly help them to clean up the title and confirm ownership.

7

This attorney is not representing you. He represents the oil company. Signing a lease is not legal proof that you are an heir. The oil company may think that you are an heir, but it cannot pay royalties until your ownership is established by legal action such as quiet title or by filing other documents which show that you are an heir. For example, that X was your father and that he had only two children and that he did not have a probated will and so you inherited under Texas heirship law at the time of his death. For that matter, there may have been other assets owned by your father to which you would have been entitled. Ask the oil company for a copy of the part of the drilling title opinion which sets out what is required for title. Gather up all other information on your father. Look in the deed records to see if your half-sibling filed an affidavit or other legal documentation years ago. And you will need your own attorney to help you.

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Thank you so much for responding. You mentioned that they cannot pay royalties yet they paid me for over a year.

I sure don’t understand how I was able to sell 25% without a clear title. Now I have to fix this for the buyer and not sure I will be able to. That’s the part that is not my fault and I feel that Tall City is responsible.

I will do what you suggested today about getting the drilling title opinion.

I tried looking for deed records not sure how to do that.

Because the family knew of me, my dad and grandfather, they didn’t tell others that I know of because my sibling didn’t know. The only way I am going to be able is through DNA.

Does anyone here that you know of work in this area of practice that is a gas and oil attorney?

9

Your situation seems to be extremely complex, particularly if you do not have any legal documentation, such as a birth certificate, which establishes the identity of your father or grandfather and family relationship. You may need a lawyer or other specialist in family law who can help you prove paternity. Once that is done, then an oil and gas title attorney can help with your legal claim to the minerals.

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