You really need to discuss this with your attorney and with your CPA to understand the legal and tax implications of the various alternatives. If the income is yours, then you will be making gifts back to your brother. You may be able to accomplish this be means of a living trust which entitles your brother to all income and then the properties pass automatically to you upon his death. The question is who is the trustee and who can sign binding leases during your brother’s life. Or you may want to place all the properties into a limited partnership or LLC with each of you owning 50%. You could be the managing member of the LLC or the manager of the general partner of the limited partnership and make all decisions. Your brother could will his interests to you. Or maybe he could put his shares into a living trust which automatically transfers to you upon his death. This could have the advantage of only needing deeds to be filed once (out of you both individually and into the LLC or LP). Not sure whether you would receive a step-up in basis at your brother’s death, but the CPA can advise you. These require legal documentation of the agreements which must specify that someone has the power to lease the minerals.