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Permalink Reply by Chad E Ellis on August 25, 2010 at 1:48

I am not a lawyer, but in Texas you have to reserve the mineral rights to keep it from transfering with the surface rights. If there is no detailed language in the will or the title reserving the mineral rights and tranfering them to someone else, then the minerals tranfer with the surface rights.

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Permalink Reply by Steve Thibodeaux on August 25, 2010 at 1:58

Even though it is in production.
I was told that La. has a 10 year morotorem.

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Permalink Reply by Chad E Ellis on August 25, 2010 at 2:12

I am not familar with La, but I belive there has to be specific language reserving the minerals to keep them from tranfering with the surface. The courts assume that you are tranfering the minerals with the surface unless you specify otherwise.

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Permalink Reply by The_Baron on August 25, 2010 at 3:25

If he owned the minerals, and willed everything to the "goldigger" then the "goldigger" will own the minerals.

The only option would be for you to contest the will.


There is no " morotorem" You can transfer producing minerals. You are confusing this with prescription due to non-use.

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Permalink Reply by Mac Davis on August 25, 2010 at 8:54

Just to be clear, does it appear that she and her siblings still own 1/3 interest in the 132 acres, or is Golddigger trying to take all the mineral rights?

Did the uncle own 2/3 interest, or what percent was owned by whom?

Was this percentage assigned in a will or deed, or just something that everyone in the family agreed to?

What state is the property in? And what area?

Be sure to dig up and organize any documentation you have, especially things that are on file at the courthouse.

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Permalink Reply by Steve Thibodeaux on August 25, 2010 at 9:08

my wife and her siblings own 1/3 and she has a living uncle that owns 1/3 and the deceases uncle owned 1/3. The deceased uncle gave the golddiger all of his property. I was unsure if the minerals went with it. If he stated in the will that he gave her the property and did not state the mineals went with it, Does the estate still own the minerals, because he did not specify in the will that he will give her the minerals also. This has been leased and is now been drilling.

It is in Louisiana in the Pleasant Hill Area.

This property has been in family for many years and just trying to get what is rightfuly theres.

I know in Texas the mineral owner can keep the minerals.

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Permalink Reply by The_Baron on August 25, 2010 at 9:24

Your not making sense. If he gave the heir all his property, then of course the minerals went with it.

Its not an issue, NO RESERVATION!

This property has been in family for many years and just trying to get what is rightfuly theres.

What???? Rightfully theirs????



The only option for your wife and siblings to steal the minerals back is to contest the will. Sure, you may think this person is a goldigger, but the great thing about America is, when you die you get to decide who inherits your stuff. There is nothing illegal about being a golddigger. Maybe the uncle liked this person, or was grateful to this person for caring for him in his old age.

Furthermore, I do not understand your statement "in Texas the mineral owner can keep the minerals" What are you talking about? The other owners have lost none of their interest! This man's property went to the individuals as he directed it. If you feel he was unsound or was taken advantage of, contest the will. It sounds like you already tied to, but was advised that this would no be possible.

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Permalink Reply by Mac Davis on August 25, 2010 at 11:13

IANAL.

As long as you are not being deprived of your 1/3 rights, you may not have much of a case.

Has a judgment of possession been completed?

Do you think he knew what he was doing when he signed the will? Did she sweet talk him into signing it, or do you think he was not of sound mind when he signed it? Was he on pain meds, demented, senile, etc. when he signed the will? Do you think his signature is forged?

Don't expect any help from anyone except a lawyer you pay to pursue your case. Even if you think the signature is forged, the police and courts may not be interested.

Be careful, there may be some lawyers who will be willing to take your case for an hourly fee, run up big legal bills, even tell you that you have a chance, even if they know you don't.

Basically, an old man may have the right to do something stupid with his property as long as he fully understands what he is doing.

It might be time to try and figure out if you want to physically divide the property into separate tracts. What happens if the golddigger decides to sell the timber, etc.?

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Permalink Reply by Two Dogs, Pirate on August 25, 2010 at 11:18

It would depend a lot on the time frame when the dude died, Louisiana has been mainly a forced heirship state through the years.

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Permalink Reply by Mac Davis on August 25, 2010 at 12:49

Doesn't forced heirship only apply if there are children? No kids in this case.

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Permalink Reply by Two Dogs, Pirate on August 25, 2010 at 12:57

No forced heirship applies to the family, when one dies without issue it would first go to the parents, then to siblings and so on down the blood chain.

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Permalink Reply by Mac Davis on August 26, 2010 at 2:40

You sure? Everything I've seen indicates it's only children under 24 years old. With a few possible extensions.

The parents, siblings, etc. would apply if there's no will, but are they forced?

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