Hurst, TX asked in Uncategorized for Texas

Q: Can I file an affidavit of heirship in Oklahoma to establish my identity linked with my ancestry without an attorney?

There is more than one property, estate, oil and gas leases and they are located throughout Oklahoma. I also need answers on my per capita minor IIM account that I was unaware of till about 10 years ago. I have tried to get information from BIA and all I’m told is it was closed. I can't find who my guardian was. No one in my family has said they have no knowledge of who opened it and the tribe that I was also registered under as a child has no knowledge and has not been helpful answering any questions I have. I have put a lot of time into research and have many documents on land and ancestry but nothing regarding my IIM account and will need an attorney to advise me and/or represent me.

Thank you,

Dana

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You can file an affidavit of heirship in Oklahoma on your own, but it’s often a complex process, especially when multiple properties, estates, and oil or gas leases are involved. Without legal assistance, it may be challenging to ensure all necessary details are included to accurately establish your identity and rights linked to your ancestry. Given the intricacies of property laws and the specific documentation required, getting advice before filing is recommended.

As for your Individual Indian Money (IIM) account, the fact that it was closed without your knowledge and that you’re unable to find guardian information adds to the complexity. It’s common for people in similar situations to have trouble obtaining information from the Bureau of Indian Affairs (BIA), especially when the account closure happened many years ago. However, persistence and possibly legal representation can help you navigate these inquiries.

With both the land and IIM account issues, gathering all relevant documents and seeking legal guidance will help you avoid potential complications. Since you’ve already done substantial research, sharing this with someone who can advise you on both matters will be helpful in achieving your goals.

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