Legal Question in Wills and Trusts in Louisiana

Do other heirs have any entitlement if they do not want to help with fees

We have oil, and coal, on 23 acres that is heir property. We asked all parties involved to help if fees were involved they do not want to help with any fees. if we pay any fees to have the work done, are they entitled to reap the benefits?


Asked on 6/11/07, 12:20 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Do other heirs have any entitlement if they do not want to help with fees

Dear Friend,

A lots depends on facts that you have not stated in your premise to your question. First of all, I would like to know if a succession has ever been opened whereby the so-calleld "heirs" have been placed into possession by a judgment of court. If not, then you can petition the court to have yourself appointed administrator (succession representative), and then you can do whatever needs to be done on behalf of the estate. A succession representative has lots of power concerning the management of the property belonging to the estate, and he or she even gets paid for his or her services. If the heirs have already been placed into possession of the immovable property, then the heirs are all co-owners of an undivided interest each in the land; and he or she can do with his own undivided interest whatever he or she cares to do. pr whatever a lessee of that undivided interest in the land may desire to do. I do not know about the coal, but insofar as the oil and gam may be concerned, I believe that even a co-owner can drill for and produce the oil and gas; and, unless a co-owner would sue to be brought in on the well or wells, whoever reduces the minerals to possession owns them. Of course, there is more to it all than this, but this is something to think about. Best of luck! I surely would like to know more about this situation, and I wish you could contact me and discuss this matter with me. There is no charge for just talking; and, frankly, I am very much interested in and somewhat knowledgeable concernig geology, lignite coal and oil and gas. Since you say there is coal on the property, my guess is that this land may be located in DeSoto or Sabine parish. Am I right? Best of luck to you all!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]

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Answered on 6/13/07, 5:47 pm


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