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Permalink Reply by Ken Boone on October 9, 2012 at 7:12

share in this particular 40a. is 2/70. no one lives on the land. wells all over it

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Permalink Reply by GoshDarn on October 9, 2012 at 7:51

Ken:

That's a darn small share.  You better hope it's a very productive formation (and it could be since it's "somewhere" in Louisiana).  Yet, of course, the royalty income for the whole big family, y'know, does add up.

True.

Also, since some of posts in this thread were deleted by the administrators, I'll repeat that it appears as if you've learned the needed info (i.e., to continue forward with your due diligence and thus protect the worth of your family's mineral estate) and thus  proceed forward with your eyes "wide open."

Glad you found out what you needed to find out.  For many well-meaning landowners, that's the point of us wasting our time on GHS.  Some of us are actually here to help others with no intent of being compensated for our time.

Good luck to you and yours.

Take care.

GD

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Permalink Reply by Ken Boone on October 10, 2012 at 5:47

Can a succession be done without naming an administrator?

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Permalink Reply by Dion Warr, CPL on October 10, 2012 at 4:02

Ken:

OK, so you're probably "only" dealing with setting 2-3 generations of descendants into possession (or at least those that can be found), so you're probably right on the boundary line between doing multiple successions (or successions involving multiple decedents, whatever makes the most sense) and opening an administered succession. In either event, the "missing interest" would need to be quantified. An administration would likely be paid on the entire and hold the interest on behalf of missing members. Opening and discharging as many successions as can be discharged would succeed in vesting the ownership to as many present owners as can be determined, with the company suspensing the rest in the name of the heirs or successors of the last known relative.  Then it would be up to the heirs and successors of that relative to "prove up" their share (if anyone ever appears).

Again, unless it can be determined that the "missing heirs" ultimately left no issue, there would be no way for their interest to be "returned" to the "known heirs", short of an instrument translative of title to the known heirs and an appropriate amount of time passing to make such a conveyance valid (e.g., a tax sale on the whole of the property which is then knocked off to some or all of the known heirs, who then set the ownership of the property). But that route is a little dicey and can be questioned at any point prior to the title being subsequently quieted, and it certainly doesn't help your situation as to ownership prior to such date that the conveyance occurs. I am not a lawyer, and therefore cannot legally advise you what to do in that regard, and I have to admit that I would have a certain moral objection to cutting out "missing family members" (co-owners) on the mere basis that they cannot be found.

 

Certainly, lack of contact with the family (mother / father) by an heir for an extended period of time would provide sufficient grounds for disinherison, but short of this branch of the family being specifically disinherited by instrument (e.g., by will) on such grounds or by any other reasons stated under Civil Code Art. 1621, either prior to or during the timeframe of which you speak, I would presume (IANAL) that this branch of the family would be possessed of an interest.

 

As far as the lessee / operator: procedures vary from one company to the next.  Many companies being headquartered in common law states mayaccept forms of Affidavits of Death and Heirship in lieu of full succession proceedings, dependent upon the amount in suspense and/or prior history of liability for paying non-heirs or paying heirs incorrectly (large suspense accounts and prior poor experience with paying people in error will reduce your chances of this being acceptable).  Also, companies that are used to dealing with Louisiana property can be generally averse to accepting such instruments being prepared by laymen or for decedents who are nonresidents (as prior to 1997, the forced heirship statutes in effect in LA resulted in many modifications and reversals of "ownership" established by wills or affidavits deemed valid in other states, but containing provisions and bequests that were found to be in contravention of the Civil Code upon examination in Louisiana courts of by Louisiana attorneys).

 

At any rate, providing Judgments of Possession or Order(s) of Appointment of Administrator will usually be satisfactory in transferring ownership or at least putting the land and legal department at ease as to their dealing with an appropriate representative for the interest.

 

 

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Permalink Reply by Robert B Dunlap on October 10, 2012 at 4:58

First, you really just need to talk to an attorney.  Your question has a lot of variables that aren't easily addressed in this format.  

I am assuming you need the succession opened for the execution of a lease of property owned by the deceased.  I am also assuming that the deceased died without a will, in Louisiana. Finally, I am assuming that the amount of land and bonus money makes it worthwhile to spend the money on opening a succession.  You say below that the costs will be pretty high, which suggests that the estate has some value to it.  If that is correct, you might consider hiring an attorney to open the succession and have yourself or an heir living near your attorney appointed administrator.  Then have the court authorize the administrator to execute the lease.  The bonus and royalties will then be paid to the estate.  The estate will be responsible for paying the costs of the succession proceeding which will occur later in the process, an attorney can explain that to you.  When the succession is closed a judgment of possession with be rendered by the court, placing the heirs in possession of the property and the royalty proceeds.  You just send that to the O&G company and they should work out the division of interest.

In short, there are ways to work around family members who are causing problems.  As a general rule, a succession should be opened whenever there is immovable property.  

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