My wife and her sister became naked owners of some Louisiana oil and gas leases when their father died, with a will, leaving all property to my wife's step-mother. No ancillary succession proceedings had been filed in Louisiana.
Some years later, the step-mother, was awarded a Judgment of Possession(JOP) in Louisiana for these leases.
It is now some years after that, and the step-mother with the JOP has died.
My question is: Do the naked owners (the step-children) still retain heirship rights to the leases, or did they lose their heirship when the JOP was granted to the step-mother. Do the rights to the leases go to the beneficiaries of step-mother only?
Or can my wife and her sister open a succession in Louisiana for the step-mother and gain a partial possession by a naked ownership.
The father's will was probated in Baltimore and a succession opened in Louisiana with a copy of the will, affidavits and a Petition for a Judgment of Possession, which was granted to the step-mother.
I don't know about Maryland law regarding if Maryland is a community property state or not.
The governing law on community or separate property would be the State of Louisiana, since that is the situs of the property. If you father's will created the Life Estate, and ancillary probate was conducted in LA, then it is valid as to the interest of your father. If your step mother owned, for example, a 1/2 interest in her own right as community property, then she may do as she wishes with her 1/2 interest.
The step mother's will has no effect on your naked ownership. What extinguishes the Life Estate (Conventional Life Estate) would be the death of the usufructuary, or in some cases, re-marriage (depending on whether it is a legal or conventional life estate).
I would certainly notify the Operator and provide a true or certified copy of the JOP of your father and a certified copy of the step mother's death certificate.
I would also contact a lawyer in the parish(es) where the property is located and ask for their assistance.
All of my comments are predicated on your father's interest being in a servitude in production and prescription has not tolled on your interest.
All you Louisiana professionals jump in. It has been a while since I worked in Louisiana.
My wife and I thank you for your helpful comments. We have forwarded the unofficial funeral director's death notice for the step-mother to the Operator, and are attempting to get a certified copy of the death certificate as the step-mother died out of the country.
I have seen the JOP granted to my wife's father in the on-line Parish records and they are available to me.
Based on your comments above, I will contact a lawyer local to the parish. Also based on your comments, there is no use in opening a succession for the deceased step-mother as her will is not relevant to the rights of the naked owners. Therefore, to get a new JOP for the naked owners, I assume a new Petition for a Partial JOP titled 'succession of the father' could be opened at the parish courthouse noting in the petition that the will has been probated, taxes paid, etc.
I'm glad that you are getting an attorney involved. That is a shrewd move. He will likely tell you that a new JOP is not necessary, since the interest transfers by operation of law. Likely an Affidavit of Death for your step mother would be sufficient, but let him guide you and follow his advice.
On a side issue we have small tracts on both sides of IH10 in LA & Tx
Is it difficult getting a lease on IH property?
Buddy Cotten said:
Dear Mr. Bricker,
I'm glad that you are getting an attorney involved. That is a shrewd move. He will likely tell you that a new JOP is not necessary, since the interest transfers by operation of law. Likely an Affidavit of Death for your step mother would be sufficient, but let him guide you and follow his advice.
As a side note, if you bury questions in other discussions, they are not likely to be noticed. If I am not mistaken, the state does not own under I-10 per act of Louisiana legislature. They are not difficult to lease if someone wants to lease them.
Dillon said:
On a side issue we have small tracts on both sides of IH10 in LA & Tx
Is it difficult getting a lease on IH property?
Buddy Cotten said:
Dear Mr. Bricker,
I'm glad that you are getting an attorney involved. That is a shrewd move. He will likely tell you that a new JOP is not necessary, since the interest transfers by operation of law. Likely an Affidavit of Death for your step mother would be sufficient, but let him guide you and follow his advice.