Replies to This Discussion

Permalink Reply by John B on August 3, 2008 at 16:14

you need a lawyer to look at it. who's land was it, originally? did it belong to your mother as separate property? or was it community property between your mom and dad?
for instance, if your mom inherited the land, it was her separate property.
if your mom and dad bought the land while married, it was community property.
this is the first important question in resolving your delimma. try to have this question answered before calling an attorney.

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Permalink Reply by penny logan on August 3, 2008 at 16:19

It was my mom and dad's property bought during the marriage and they had 4 children.

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Permalink Reply by Two Dogs, Pirate on August 3, 2008 at 16:24

Assuming you own the minerals, then get your dad to sign a lease and get ratifications of the lease from all of the siblings except the holdout. It will only be his share that rides the well down. You need it to be 80% for it to be valid. If hold out is 25% you have a legal problem.

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Permalink Reply by P.G. on August 3, 2008 at 16:30

Was there a will?

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Permalink Reply by penny logan on August 3, 2008 at 16:31

Thanks so much for your help! It is appreciated.

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Permalink Reply by Har C2 on August 3, 2008 at 16:37

What is the elective share for a spouse in Louisiana.


Is it a 1/3 or a 1/2?

If it is a 1/2-----Dad has a half or 4/8 and the kids each own 1/8 (12.5%)

Dad and three kids equal 87.5%.




If it is 1/3------Dad has a third or 2/6ths and the kids each own 1/6ths (16.66%)

Dad and three kids equal 83.333%.

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Permalink Reply by penny logan on August 3, 2008 at 16:45

There was no will. If what you say is true, then he would have over 80% either way, and could do a lease, if I am reading this correctly!

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Permalink Reply by Har C2 on August 4, 2008 at 14:11

Sorry, did pick up on the fact that Dad already owned a 1/2.

Explained well below.

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Permalink Reply by Margaret Wren on August 3, 2008 at 17:04

I thought the remaining spouse recieved 1/2 and a childs share of the deceased spouse's half. Seems like that was the case when my dad passed away.

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Permalink Reply by Kelly Mahler on August 4, 2008 at 4:07

You are correct. The remaining spouse get half of the estate and the children devide the remaining half. In order to change the documents on
the mineral right there must be a succession done.

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Permalink Reply by Landowner on August 4, 2008 at 2:22

My parents passed away several years ago, but at that time, I remember the attorney saying that the remaing parent owned 1/2 and would receive 1/2 of the deceased parents property and the children would split the remaing 1/4 of total. They did have a will and this was their money, not land.

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Permalink Reply by P.G. on August 4, 2008 at 2:38

I believe the way it would be without a will is that dad would get 1/2 of mom's estate and the kids would get to split the other half of mom's estate. That would leave dad with 3/4 of everything (counting his part he owns anyway), and the kids would own 1/4. Dad would have the usafruct (dad would get use of all the money as long as he lives) and kids would have naked ownership (they get to watch dad spend it). Of course without a succession, that would mean none of that has been determined. Succession just means the final legal distribution of mom's assets. Everything would be in limbo until that is done. I doubt if anyone could do anything until mom's succession is settled.
If the o&g companies were to drill, the money they owed would probably be put into an account until there was a succession.

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