Replies to This Discussion

Permalink Reply by Bobi Carr ("parker") on September 26, 2014 at 10:40

An Affidavit does NOT transfer ownership.

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Permalink Reply by Ken Boone on September 26, 2014 at 13:03

If I went through the courts in New Jersey to become administrator of my mother's estate, will I have to do a succession in Louisiana too? Or do I just file the court papers at the court house that came from New Jersey courts?

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Permalink Reply by Two Dogs, Pirate on September 27, 2014 at 12:01

I am not a lawyer but would think you would need to have ancillary probate proceedings done in the parish of Louisiana the property is located. It just depends on what you are trying to do.

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Permalink Reply by Martin on September 27, 2014 at 17:06

Two Dogs, Pirate --  This was my experience. Owner died in Texas, will was probated there. Two pieces of property were in Louisiana. Executer had to have a probate in La, in parish where property was located. Very straight forward. 

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Permalink Reply by Russell Busby on October 3, 2014 at 7:22

An Affidavit of Small Succession would transfer the property if properly done, there is a 2yr prescriptive period from the time it is filed for persons challenging transfer to a 3rd party, and there is no need to judicially open succession. Could also potentially be used to avoid ancillary probate. All of this depends on the facts of the case just like anything else.

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Permalink Reply by Norman P. Winn, Sr. on October 6, 2014 at 3:56

thanks, Russell. this is a start for me and my wife. the mineral lease that I own with my two brothers, willed to us by our father, is worrisome to me. they do not like my wife and when and if I die 1st, I am afraid she would be cut out of my 1/3 of the lease and the money that goes with it. I am wondering why Shell(now AEU) did not have all the wives sign with us so there would not be any problems in case of a death of one of us three brothers. I want my wife to continue receiving the $. so far there is nothing I can do. have talked to Shell, now AEU and they said they cannot add her name on the lease. I will do further checking.

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Permalink Reply by ROBERT STEVENS on October 6, 2014 at 4:53

Norman:

I certainly am not a Attorney but do have some past experience in similar Estate.1.  Have you filed a copy of your Fathers Will at the Parish Clerk of Court or went thru Probate?  I assume so or Shell would not have been offering you a Mineral lease.

2, If so, you can now file your Estate Will to anyone you wish.  In your case, the sooner, the better.  Louisiana Inheritance law changed some years back, unless your Father included Clauses to specifics as  in case of your death or your brother or brothers death who receives what.  If not, you own 1/3 undivided minerals in the property and you can sell, give, or whatever with your property subject to easements, judgements, etc.  Right now your Wife or Brothers Wife does not own any of your Inheritance.  It may pay you to talk to an Estate Attorney.

Good luck in getting back to good terms with your Brothers.  Life is too short.  (I am not a Pastor or Preacher either.)

Robert

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Permalink Reply by Skip Peel - Mineral Consultant on October 6, 2014 at 5:31

Robert and Norman, I'm not an attorney either but would like to add that being offered a lease is not definitive proof of mineral ownership.  It is a very common occurrence for energy companies to take leases from individuals whom they think might have an ownership interest in minerals.  In cases where the chain of title is incomplete or unclear companies will often take what they call "protection leases".  In other words in cases where the public records are not definitive they deliberately offer leases to anyone with a potential ownership interest.  Leasing is performed based on time and expense and does not include high due diligence as to mineral ownership.  After a productive well is drilled and completed a company will perform a Division Order title review which will go into much greater due diligence in preparation for paying out royalty.  Those who are leased but do not have a clear title will not be paid.  The energy company may help them to straighten out their title or may simply place the royalty in an escrow account and the mineral owners will have to address the problems with their title.  Some of those with a lease may actually turn out to have no ownership interest in the minerals.

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Permalink Reply by Norman P. Winn, Sr. on October 6, 2014 at 7:59

thanks to you both!

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