I’m in Texas. My dad passed away in 2020. I found an Affidavit of Heir for my grandmother mineral rights completed by my aunt who only listed herself and my uncle- excluded my dad. This Affidavit was completed in 2019 about 6 months after my grandmother passing. I am not sure why they would leave my dad off the affidavit. Should I, as my fathers heir, pursue anything or have the right to pursue? If so, should I just go to a probate attorney or simply file another affidavit listing my father (as deceased then myself as his heir)? In the affidavit my aunt filed, she did include a 1 page with XTO Energy on it. I am pretty sure there are royalties involved. I also found county document filed of my grandmothers agreement on mineral rights with another company dated back to 1977.
if there was no probate, I would file an affidavit under your own name as your father’s heir. That way landmen can find you. You should also look up any activity in your area and contact the operators if there is production. (Not giving legal advice, just practical advice.)
as stated in previous response, if there is no will probated, then the Affidavit of Heirship provided more or corrected information would be proper (technically, your affidavit would be a corroborating affidavit and you would be best served by finding a disinterested party (someone without financial gain) who is familiar with the facts of the heirship, as an Affiant. And yes, list your father’s facts (county where born, date of birth, date and location of death, and list his heirs, marital history, etc.). I often see language like “and of this marriage were born the following children”…to better validate the fact, after listing all children, make a statement like “and no other children were born nor adopted by him during his life”
Thank you all. I really appreciate you. I have a couple more questions. Can my step mom (dads wife) be considered a disinterested party or is she considered a heir also as. It related to the heirs affidavit? How can I find the operators. I’m thinking it’s the XTO (Exxon mobile subsidiary) listed on the last page. Fairfield Texas. There is also number and my grandmothers name as noted on the deed. I’m not sure if it’s the account number or just an inquiry number. I want to ask my Aunt who completed the heir documents I found online but don’t trust now. And it makes me emotional. Also, if there were any disbursements before my father passed, wouldn’t my stepmom be entitled to it?
Did your grandma have a will/did her estate go to probate and do you know for fact that your father was listed as an heir to the minerals? Not to get personal, but there has to be a reason why your aunt and uncle did not list your father on the affidavit, do you have any inclination as to why that would be? It happens all the time where children/heirs get different parts of the estate and its not divided amongst them all, for whatever reasons.
@Bob77 I can understand what you are saying. I see it in my career beneficiaries are split. The lease think is different for me. I’m trying to understand the easier option. my grandmother did not have a will. Per the heirs affidavit my aunt submitted. In my grandmothers lease I read, it simply states heirs, it did not list out her children individually. I noticed another Uncle left off but he was deceased. I assume it’s why they left him off. My dad was winding down as well from a long battle with cancer.
Per the warranty Deed. It states grantor reserve all her interest in and to all oil, gas and other minerals under described land.
I do herb bind myself, my heirs to warrant and forever defend all said premises…….
in Texas, property received through inheritance or family gift is not subject to community property statutes. That is the statutes that says lands acquired during a marriage are 50/50 husband and wife. Doesn’t apply here, but yes, she would be construed as a disinterested party
If she did not have a will, then copy the affidavit that your aunt and uncle used, obviously putting in your dads info and yours and file it, so then if the property were to be leased or go into production, the company leasing it/drilling it will help you fix the matter when/if that time comes.
fttxguy, Bob77, M_Barnes. This is good information. Thank you all. This helps me understand the next steps I need to take. Grateful to have found this forum.
We should not be giving legal advice here. If the first affidavit was not in the correct form and language, the just copying that and adding additional information may simply perpetuate the problem.
Aimee, I was not giving legal advice. The purpose of an affidavit of heirship is to simply put notice on the sections that were owned by the deceased, it does not matter what form or language it uses, its simply stating an heir claiming the rights to the deceased heir for an oil company to then determine whom to lease and or pay. I have no idea how you would conclude that would perpetuate the problem since the poster clearly stated there was already a problem?
Hi Aimee, I hope my reply thanking the responders did not imply I received any of the feedback as legal advice. That was not my intent. I posted for a little guidance and check to see if my thought process on how to handle this was on the right path. With the responses I am off to good start. Not sure of the outcome but off to good start. As I mentioned I wanted to start with the least costly route first. I appreciate each of you.
Respectfully disagree. For example, in Texas, and in many other states, an affidavit of heirship is not simply a notice document. It is in fact a title document. It is a substitute for the lack of deeds from the estate of one or more decedents to the heirs. In Texas and in many other states there is a form that must be substantially complied with for the affidavit to be effective. In Texas that form is found in the Property Code. To ignore the statutory mandate may further complicate existing problems and may result in a cloud on title.
Have you tried asking your family members why your father was not included? After more than 40 years asa landman I have seen all sorts of documents filed by families for various purposes that did nothing but create problems. Ask first if it is possible, then get some professional assistance in order to protect your possible interest in the property. Too many people create issues from bad advice that is going to cost them much more in the future. If you are not a professional mineral owner, then get professional advice.
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