Replies to This Discussion

Permalink Reply by Kelly Mahler on August 4, 2008 at 3:57

From what I discovered talking with Leslie at the Caddo Parish Tax office is there must be a succession done in order for the mineral rights to change excluding your mother. And changing them into your siblings and your fathers name. It's like the mineral rights don't have a proper title. Tell the stubborn sibling it's now or never with this deal
and the gas will long outlast your father. And that he'd better get on board if he wants any of it for his own old age.

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Permalink Reply by TCB DS3 on August 4, 2008 at 5:33

I read on PetroHawk's website in the FAQ section under Investor Relations section that if a sucession had not be completed/recorded you could download their Affidavit of Succcession (a one page form) complete it, record it in the county or parish where the land is located and send them a copy of the recorded forms and that they would accept that for o/g leases.

Has anyone ever recorded an Affidavit of Succession vs having an attorney create the paperwork and file? It would seem to be a quicker and less costly solution. TCB DS3

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Permalink Reply by BJ on August 10, 2008 at 17:03

To receive my late mother's interest in royalty payments under a current lease, we had to file a notarized Affadavit of Heirship from two disinterested parties in the Parish courthouse where the land exists, obtain a certified copy; then forward the certified copy along with a copy of the death certificate of the decedent to the OG company. Cost us less than $100.00.
However, in our case, since the lease was sold to another OG company in the interim, it's taking a while for each of us to begin receiving checks.

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Permalink Reply by Lady on October 31, 2009 at 23:15

TCB DS3,

Excellent info. Are they considered owners before a completed succession? Do o/g companies prefer not to lease to them if a succession is not complete or will o/g companies lease to them by working with them as you mentioned Petrohawk will? I am just curious if an incomplete succession would cause an o/g company to not be interested in a lease or if it is just a simple technicality to resolve?

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Permalink Reply by P.G. on August 4, 2008 at 5:33

Why would all family members have to sign to do a succession?

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Permalink Reply by penny logan on August 4, 2008 at 11:55

It is my understanding that the children sign to put their interest from the mother's side over to their father for his lifetime. Thereby making my mothers property and her children all belong to my father.

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Permalink Reply by penny logan on August 4, 2008 at 13:03

Is this for real, per LA law and in Bossier Parish? Thanks for the info!

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Permalink Reply by Two Dogs, Pirate on August 4, 2008 at 14:58

Penny, where did the property come from, was it family property on your mothers or fathers side or was it bought during their marrage?

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Permalink Reply by John B on August 4, 2008 at 17:41

you know, getting legal advise from a bulletin board is not a good idea. so, let's say you have to pay a lawyer $1,000 to clean it up... geeezzz... pay it.. and get professional help.
there are so many factors that weigh in...community property? separate property? will or no will? get an attorney... $1,000 ain't much when you're talking $25k an acre upfront and 25% royalty for the next 30 years....

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Permalink Reply by P.G. on August 4, 2008 at 18:52

Dad couldn't sell the house without getting the succession, I doubt if he'd be able to lease the property's minerals without one either.

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Permalink Reply by Mac Davis on November 1, 2009 at 9:55

Yes, heaven forbid you should try to educate yourself. Don't you know that there are starving lawyers in Downtown Shreveport? SHAME ON YOU!!! 8-)

It's good to gather as much information (and misinformation) as you can, consider your options, etc. before proceeding.

However, don't put too much faith in what you hear here. Don't put too much faith in what you hear from your lawyer either. Far too many of them have their standard set of processes they use and canned answers that may not fit your case. Lots of people find out their lawyer was clueless when they go to court and have to argue things out with a judge and other lawyers.

Doing research here and elsewhere may give you ideas of pitfalls to avoid. You may realize that you have some issues you didn't think of that you need to discuss with a lawyer. You may figure out that you're probably out of luck and shouldn't go any futher. You may find out the right issues to discuss with a lawyer. You might find out your rights on something and avoid giving something away you didn't legally have to give away.

You're still probably a lot better off with the lawyer than you would be with advice from anonymous posters on an intenet site.

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Permalink Reply by CWGray on August 11, 2008 at 6:00

In Louisiana, without a will.....The surviving spouse retains his/her 50% interest in the community property and the children inherit the deceased spouses 50%. The surviving spouse does not inherit any portion of the deceased spouses community property unless there is a will stating that the surviving spouse inherits. Without a will, Louisiana Law automatically provides for the surviving children, however, the surviving spouse gets the usafruct of the property until death or remarriage. I hope I haven't confused anyone.

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