Replies to This Discussion

Permalink Reply by ELLIS HUGH on August 15, 2009 at 12:11

"If a well comes in"

Since there is no well, you may be able to simply file an affidavit of death and heirship in the parish in which the property is located. The affidavit will notify the operator of the change in ownership when they complete their abstract prior to 'bringing a well in'. If a succession is required, the operator will contact you while conducting curative.

I am not an attorney and not attempting to provide legal advice. Just simply giving you something to think about.

--EH

Permalink Reply by Connell on August 15, 2009 at 16:30

thank you...

Permalink Reply by Henry on August 16, 2009 at 0:19

Can someone explain to me under what circumstances an affidavit of death and heirship will suffice as opposed to doing a full-bore succession?

Permalink Reply by Kay DS1 on August 16, 2009 at 9:24

Your situation is almost exactly like mine. When Mother died, she had a will stating who inherited her mineral rights. It probably would have worked out the same if she had not had a will. However, you do have to wait for the succession. I would think that as long as all the paperwork was in order, you should have no trouble collecting your royalties. We didn't.

Permalink Reply by Connell on August 16, 2009 at 10:14

Shouldn't be. they contacted my dad always about leasing his portion. He was ill in 2003 and I signed for him. Me mom is also passed away and I am the only child by their marriage and no of no others.

thanks again...

Permalink Reply by insomniacnla on August 16, 2009 at 12:15

You should contact an estate attorney but I think that when a Succession is opened and completed, a Judgment of Possession will be issued that states who the new legal owner of the property is and who has the legal right to collect any future royalties and/or any other funds connected with the property. The Succession will also state if there was/was not a Will. Without a Judgment of Possession, the operator of the well would only be taking your word for it that you are the new owner of the property and that may not happen.

If you go ahead and get the Succession out of the way, at least you would be in the position to move forward if any productive well is drilled in the future.

Permalink Reply by Kay DS1 on August 16, 2009 at 15:36

You are so right. I failed to add to my comment that we DID have the Judgement of Possession, so it made things go smoothly.

Permalink Reply by The_Baron on August 20, 2009 at 5:12

The affadavit is good enough during leasing, but when it comes to division order time you will need the JOP.

Permalink Reply by Connell on August 20, 2009 at 5:14

All that....

Thanks Guys...when I get my first check, first two rounds on me...

Permalink Reply by Connell on August 20, 2009 at 12:25

Does the succession have to identify whose 6 acres is where on the acreage?