Title Question for pros

I wanted to get some feedback from anyone willing to post on the following title problem. I will use the names John and Joan Smith, H/W as examples. Any information will be greatly appreciated.

 

John and Joan Smith, H/W acquired their interest in and to a 2 acre tract in Louisiana back in the early 1990s. Joan Smith passes away and leaves no will or no adminstration of her estate. This interest was not conveyed into Joint Tenancy so it is assumed the interest was conveyed to the husband and wife as Tenants in Common unless I'm missing something. John and Joan Smith had 4 children together that are all still living to this day. A lease was taken covering John's interest in 2008 and I'm guessing I would need the 4 children to ratify this lease if they acquired an interest through their late mother's death. I'm familiar with the intestate succession laws in Oklahoma but not in Louisiana. Does anyone know if her interest automatically reverts back to her surviving spouse or do the kids inherit in equal shares her portion of the interest in and to this tract of land? Thank you for any help.

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landownerPermalink Reply by Sherry Mobley on May 15, 2011 at 15:03
The best place to find out the answers to your questions is through the Louisiana Board of Realtors. I went to Real Estate School years ago.  So much of the class was on La. Property and Estate Laws. They have a office in Baton Rouge and I bet they can answer your questions. I think it is Burt Baker or something like that. It is worth a try.

landownerPermalink Reply by Sherry Mobley on May 15, 2011 at 15:22
I re read your question. I had missed the okla part. When my husbands Father died, he and his wife, my husbands step mom had Tenants in Common. Everything he had automatically went to her because of that. They dont look at it that way in La. Because we asked. Okla law said becuse they were Tenants in Common and had that drawn up with a Quick Deed she auto recieved the house. But if the 6 grown children wanted to they could get some of his assets. But they didnt. But in La. again we go to community property. Again wills are done for 2 reasons , to grant ones personal wishes or to protect ones spouse or children. I am sure it depends on the age of the children. But I am at a loss about the leasing and mineral rights even though there is not a will. The property part I feel sure you have usufruct until death. And our lawyer said Only because of the will I could sell our property if he died first. Otherwise if I remarried they could make me sell and get their half. And if I sold I would have to give them their half. But if he made a will and quick deeded it to me I would be protected. OGM  I dont have a clue.

landownerPermalink Reply by SallyQ on May 16, 2011 at 3:00
A little off topic, but when choosing an executor, make sure that person knows what an executors duties are.  If there are several heirs and money/property involved, I would recommend a professional to perform this duty.  Loving siblings will sometimes fight over mommas pots and pans, and turn on the others like a mad dog.  Big sister or big brother may want a new boat and if that means taking what should be divided, be it so, will or no will.  One of the most famous lines used; "They don't deserve it", they'll just blow it.  Momma didn't want her property to melt away and I'm going to see that it doesn't.

landownerPermalink Reply by lawrence on May 17, 2011 at 6:21
I have a similar situation. I inherited half interest in 26 acres when my father passes away. My mother is still living. what are my mineral rights, if any? Can she lease the mineral rights?

landownerPermalink Reply by lawrence on May 17, 2011 at 6:23
I have a similar situation. I inherited half interest in 26 acres when my father passed away. My mother is still living. what are my mineral rights, if any? Can she lease the mineral rights?

landownerPermalink Reply by SallyQ on May 17, 2011 at 7:11

Not enough information to say;

What State?

Are you recorded on the deed @ the courthouse as an undivided owner of the property?

Did your father leave usufruct to your mother?


landownerPermalink Reply by lawrence on May 17, 2011 at 9:24
Louisiana

Oil & Gas ProPermalink Reply by The_Baron on May 17, 2011 at 10:24

All depends on if there was a will or not.

 

If there was a will, it will need to be probated and the property will be divided as per her wishes.

 

If no will, LA law is automatic. Although a good landman will want to clean up the title to garuntee the lease (affadavit of heirship, quitclaim deeds, ratifications, etc...).  In LA, when a parent dies, Comunity Property is divided between the surviving spouse, and the children. The spouse recives 50%. The kids split the remaining 50%. The surviving spouse receives a Usafruct.

 

The main questions are:

1) Is the property community property or was it separate property?

2) Is there a will?


landownerPermalink Reply by P.G. on May 17, 2011 at 11:05
What if there's no kids...

Oil & Gas ProPermalink Reply by Two Dogs, Pirate on May 17, 2011 at 11:21
PG it will follow closes blood kin.

landownerPermalink Reply by P.G. on May 17, 2011 at 11:52
A little research found that if no children, community property will go to spouse, separate property will go to blood relatives like brothers, sisters, etc.....

Oil & Gas ProPermalink Reply by Two Dogs, Pirate on May 17, 2011 at 12:09
PG on separate property it would go first to parents, then to siblings or descendants of the siblings, if none then it would go to spouse.

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