Replies to This Discussion

Permalink Reply by Lady on October 30, 2009 at 15:48

Yes!!!!! You are completely right and explained it perfectly clear. Anyone who does not agree should read or know the laws of Louisiana. In Louisiana, the rights of children supersede the surviving spouse as it is also a community property state. It amazes me how many people have always thought they knew by thinking the surving spouse acquires the deceased spouse's half which is completely WRONG in this state. But, in other states such as Florida...they would be right b/cause in Florida the surviving spouse supersedes the children and would GET the deceased spouse's half.

• ▶ Reply

Permalink Reply by John C. Campbell on August 12, 2008 at 8:42

Open the Succession and get Pops appointed administrator. He'll have capacity to sign the lease.

• ▶ Reply

Permalink Reply by thurmond on August 12, 2008 at 11:13

Similar situation here, but with a twist.

Dad died testate last December leaving specific acreages with mineral rights intact to each of us (four siblings) and assets to set up a trust for Mom's care....she is chronically ill.

Oldest sibling is executrix (sp?). She finally opened succession and was appointed to her duty four months after Dad died, but now has not taken any further action for the past four months. There is no sibling discontent with Dad's distribution of the land, so things should proceed without contest.

Sis seems to enjoy the "control" of the situation and is no hurry to transfer the land OR to establish the trust for Mom's care. Two others of us are providing out of pocket for Mom's care while waiting.

I don't want to sue Sis, but I sure do want to control any lease offers that might come up soon on "my" portion of land (20 acres)--not to mention needing access to funds for Mom's care.

The only action I've taken so far is to write her a letter asking her to proceed or give a reason not to do so. No response. Is there any action short of taking her to court get her to complete the succession actions?

• ▶ Reply

Permalink Reply by WJP on August 12, 2008 at 12:40

I've got a big problem with people wanting such specific legal information here. What would you do with an answer if you got it? Suppose someone says "no, you don't have to sue her" - what next? Suppose someone says "yes, you have to sue her" - what next? What can you do with that information? I'm sure there are attorneys reading these messages, but not a single one is able to give an answer because every post asking about specific situations requires an individualized response, taking into account all of the facts. Even if you were giving all the facts, no attorney can give an answer to a stranger over the internet. It's potential malpractice. So, if you can't get a legal opinion that you can rely on, what good is it to get the opinion of people on this message board? Look at the answers to the original poster's question - they are all over the place! What has she gained by throwing her question out there? She still doesn't know what she needs to do to lease the property!

You need to consult with an attorney of your own choosing. Consulting with an attorney doesn't mean you have to sue anyone. No one even has to know that you went out and got an opinion on your own. For right now, you just want to know what your rights are. Do it the right way.

• ▶ Reply

Permalink Reply by thurmond on August 13, 2008 at 2:38

WIP,

Excuse me. I ever so humbly apologize for wasting your time.

I thought this board was a place to seek information and hope for some benefit from discussion. You may live in a perfect and orderly world, but in mine everything is not simply black or white, right or wrong. Lawyers and legal action are not always the best answer. Sometimes a small piece of new information or a broader view of an issue can make a difference and help improve a situation. Isn't that what these threas are all about?

Are you a lawyer yourself? Is that why it seems so inconceivable that I possibly benefit from the experiences of others who are ignorant and uninformed?

I'm a very private person, WIP. But I stepped out of my shell in this anonymous arena and exposed a piece of my life on the off chance that there might be someone with a similar experience that had successfully dealt with it. Or, yes, that even someone with some legal insight that might point out some information that would give me some leverage in this personal family matter. I'm not asking for someone else to fix it--I was just seeking good, old fashioned advice.

Thanks to you, any chance of that has been effectively sqaushed. Instead, I get my knuckles whacked. So again, excuse me for intruding onto "your" board. It does intrigue me that you feel a thread like this so useless, but by your own admission you read through every single post.

There are legal issues posed and discussed all over this board. Just because my "Haynesville Shale lease" issue involves family matters instead of depth clauses does that make it less important? Families are going to be torn up all over this state with money flooding in like this. Folks better wake up and look for ways to preserve thier families anyway they can . Heaven forbid that I would dare seek a solution to my family's situation something short of running to a lawyer's office.

Don't worry. I won't be wasting your time anymore. My post above was the first time I had signed onto this board. I'm signing off now and I certainly won't be back.

• ▶ Reply

Permalink Reply by M. Mcwilliams on August 13, 2008 at 3:50

I am just one person expressing an opinion. I don't mean to run anyone off of a board. I'm sorry if I offended.

• ▶ Reply

Permalink Reply by Bobi Carr ("parker") on November 1, 2009 at 16:49

thurmond,

Don't let anyone run you off.

Deaths and money bring out the best and worst in people.

Your sister may not know what to do and is relying on the attorney on how to proceed.

Remember that she has felt the lose too. We all deal with lose in different ways.

Why not try to approach the subject in a firm by caring way with your sister.

Document what your expenses are and tell her that you will be sending those expenses for reimbursement.

Do your best to not let past squabbles and turf wars escalate into a feud.

Do your best to be someone who brings your family together instead of letting a small issue tear it apart.

GOOD LUCK!

• ▶ Reply

Permalink Reply by Bet Crain on October 31, 2009 at 2:59

My husband died 7 years ago and we own property in Louisiana. One half of the property belongs to me. the wife and the other half belongs to my children. My husband had no will and the attorney said this is the law in Louisiana. If your father owns 50% and there are 4 children , your father and the other 3 own more than the percentage needed. Talk to the gas company or whoever is wanting to lease the land. They know all the laws and they will advice you if it can be done.

• ▶ Reply

Permalink Reply by Bet Crain on October 31, 2009 at 3:00

sorry for the misspelling. I meant advise you.

• ▶ Reply

Permalink Reply by Bobi Carr ("parker") on November 1, 2009 at 17:03

Hi Penny,

I am not an attorney, but the correct information is that your Dad already owns his half (50%) of the property and the remaining (50%) is owned by your Mother's heirs (which would be the 4 children). If your Mother had any other children that predeceased her their heirs would also share in her undivided interest.


More importantly at the moment though is the fact that NOW is probably not a good time to be leasing in Benton. Why not wait until the bring in a horizontal well in the area.

GOOD LUCK.

• ▶ Reply

• ‹ Previous
• 1
• 2
• 3
• Next ›
• Page