I have asked and the royality company has suspended my royality checks and my name is on the paperwork along with my deceased husband I received a check in March n april 2012 my husband died in april 2012 I got March check after he had passed away but I have not cashed the checks because they have his name on them I need to know what I need to do to remove his name and start the checks back
Have you provided the royalty company with a copy of your husband's death certificate? If you are still entitled to the royalties, I suggest you call the company again and see what they need from you in order to get the checks coming to you alone,
Please note: The above is for general information purposes only. It is not intended to establish and does not establish any attorney-client relationship.
Oil / Gas Attorney
You need to make a written request to the royalty company for a new division order. They will probably want proof that your husband's interest passed to you. So you will need to provide them copies of probate and/or administration, or heirship affidavits. If you are still getting the runaround after sending your request, you may need to get an oil & gas attorney involved to assist you.
If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action. In certain jurisdictions, this response may be considered an advertisement. In such circumstance, Kevin M. Koel is responsible for all content stated in the response. Kevin M. Koel is not certified by the Texas Board of Legal Specialization for any particular practice area, nor does Kevin M. Koel claim specialized knowledge in any practice area.
If you want to solve the problem you will need to hire a probate attorney who can take the necessary action to help clear title to your husband's assets and obtain a new division order for his interest. Who inherits his interest depends on whether he had a Will or whether he died intestate and if that is the case what was his family situation and whether property was separate or community.