How to Fight the Oil Companies About Heirship
- 1). Gather together documentation proving that you are the rightful heir to the mineral rights. Build a comprehensive file of documents including the deceased's death certificate, his will, your birth certificate, your official photo identification, and documents evidencing your relationship to the deceased.
- 2). Examine the Division Order to determine precisely what percentage of ownership in the mineral rights the deceased had. It is not unusual for a single well or lease to have multiple owners. The oil company usually issues a Division Order approximately four months after well completion. If you do not have the Division Order it may be more difficult to prove ownership of mineral rights.
- 3). File an Affidavit of Death and Heirship with the county court in the county where the minerals are located. This gives notice of your claim to the deceased's interests in his oil rights.
- 4). Mail the oil company a registered or certified letter that details your claim to heirship. Do not include original supporting documents, but copies instead. Request payment of all due royalties within 30 days of receipt of the letter.
- 5). Complete any forms that the oil company may supply you, and return them in a timely manner. Photocopy the completed forms before returning them by registered or certified mail.
- 6). Seek legal advice if you do not receive due royalty payments within a month of returning all requested information to the oil company, or if they appear to be delaying making payments to you. If you are unable to afford legal counsel, consult your state Bar Association to find resources for free legal advice providers.
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