My mother resides in Louisiana and has usufruct till her death, father's will probated in Louisiana, oil and gas royalties in Texas, did not do ancillary probate in Texas.
I understand she has the right to sign the leases and collect the monies. How do the naked owners know what leases are being signed? The division orders were signed after probate and JOP sent to them by her. How do we know she is paying the federal, local and state taxes on them? What can I do to ensure that the naked owners of the royalties do not loose the royalties on her failure to pay taxes, etc. The naked owners have not received anything from the oil and gas companies rendering the leases. This has been probated for 7 years.
Any help would be appreciated. She is in grave health now and I am wondering when she passes do I immediately contact the oil companies who hold the leases so no more checks are written in her name or do I hire an attorney now before it gets to that point so I know where I stand legally.
Thanks for all the help
If she is still competent to execute instruments or if the person having a durable power of attorney from her has the capacity to execute instruments affecting oil and gas, she can convey the usufruct to the naked owners. I like to get a ratification of the lease by the remainder men of a life estate or the naked owners of a usufruct.
She is of sound mind. How do I get a ratification of the leases? Do I call the oil and gas companies and ask for a ratification?
You as a naked owner have no executive powers over the usufructory interest until said interest is conveyed to you or the interest passes to you upon the death of the usufruct owner. Only the Lessee of an oil and gas lease can seek a ratification of a lease.
If I understand you correctly, I will never be able to know what leases she signs as long as she is alive and of sound mind nor will I be able to know if she has paid the taxes or not.
Thanks for all your help. You have given me great insight.
The Tax Assessor for the Parish can answer your questions about her tax payments. You can do a Vendor name search at the Parish Clerks office and make a copy of every instrument she ever signed that covers and affects the lands in question.