Can a wife get royalities from land that was inherited land that belonged to the husbands family if the property has undivided interest at time of his death?
In general if the husband owned an undivided interest in the minerals, they are conveyed to his heirs by will and probate. To provide legal notice of the change in ownership a succession or judgement of possession should be filed in the public records where the mineral interest is located. Then send a certified copy along with a copy of his executed lease to the lessee directing how and to whom the royalties should be paid.
Will the wll hold up if there is no legal notice of change of ownership filled ? I am in Lousiana and not sure of our rights on this matter. Dad wanted his propery left to his kids and grandkids not the spouses but he did not leave a will to that affect . They have to children so I know that may make a difference. If no change is on file will the land go to us?
They no children. Typo. in my last message.
I was just trustee on some land near Homer Louisiana. It was my husband's aunt. The aunt had no children. The spouse thought if there wasn't a will then the property would go to him as per law in Washington State. As the blood relatives of this 4th generation land, our Louisiana lawyer awarded the land to us and left the mineral rights that the wife had given to the spouse during their marriage in his name. These rights will go back to the blood relatives when he dies. The spouse was so upset with Louisiana law he hired his own lawyer in Louisiana (and Washington). He was wrong and I was right that the land could not go to him. (In the missing Will that I had a copy of but not the original the wife did leave the land to the blood relatives but I'm pretty sure this Uncle torn up the original Will hoping to get his hands on the property. Actually the land formally would have gone to my husband's mother (the sister of the dead Aunt but . . . she is old and we thought it easier if she declined the inheritance sending it straight to the nephews (but cutting her a share of the royalty checks every month). There is a producing well on the property. At the same time there is an adopted son that the aunt did not want to inherit any of the land (strongly believing in the blood relatives law that Louisiana has on its books). Because this nephew was from a second marriage the step-father, my brother in law, has written a will that will not include the adopted son when he dies and his mineral rights and land will be divided between the remaining two brothers. That is the way I understood the law and the way our lawyer executed the inheritance. The Uncle in the end, so bitter by his defeat, refused to pay his Louisiana Lawyer (thus keeping the whole transition from being formalized until we, the blood relatives, paid his lawyer. Ridiculous what greed can do but I, as trustee, was going off the Aunt's wishes in the copy of the Will I had that was never submitted to court (we'd been advised a copy of a will is rarely recognized especially if it is 20 years old). My experience with inheriting land in Louisiana.
You need an attorney in Louisiana or an out of state attorney that can practice in Louisiana.
Let me express a strong preference for an attorney in the first category - Louisiana law is not something one can pick up on easily.
I should have have said a Louisiana oil and gas attorney most of them can be found in the larger citys.