Legal Question in Wills and Trusts in Louisiana

I have a very complex succession issue. I found some paperwork that indicate that I am entitled to oil royalties in Rodessa, LA. From my cousin who died in 1981. I actually live in Tennessee. The state is actually holding past earnings from these royalties since 2001. Although she was married the rights are considered "separate property" as it was inherited and can only be passed to blood relatives. Her husband was collecting the "fruits" of these royalties until his death. In 2001, the oil company began turning over unclaimed funds to the state. She had no children or other relatives that I am aware of. I am looking to gain rights to these royalties as a collateral decedent. I do not believe she has any other assets that I am aware of that are not community. I have her death certificate and can trace my relation to her from the paperwork my grandfather left me. I have most of the death certificates and birth certificates. I have contacted both Caddo and Bossier parish and found that she currently does not have a succession on file. Apparently, the oil company has been posting ads soliciting any family relatives and are unable to locate them. I have gone through all of my family information and can not find any additional relatives other than myself, my mother, an uncle and his children and grandchildren. I am at the point where I think I am ready to to file a succession to eventually obtain a judgement of possession. My question is do you think that this is feasible with the current amount of information I have? Do I even need to file a succession if there is no real estate involved?


Asked on 3/19/13, 9:27 am

2 Answers from Attorneys
James Maguire James G. Maguire, Attorney At Law

Even though the rights to the royalties were separate property, the fruits of separate property are community.

I would contact the Louisiana State Treasurer's office, and ask them what you would need to do to collect the royalties which they are holding. They may require that a succession be opened, but that would be up to them.

You would have to weight the value of the royalties against the cost of opening a succession.

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Answered on 3/19/13, 9:42 am
Charlton Ogden Taggart Morton, LLC

You certainly should consider opening a succession, you will have to prove your inheritance rights, via affidavit of death domicile and heirship, but that can be done. There is no telling the value of the royaties, but they are apparently still producing, and have been held by the Treasurer since 2001, there may be a significant amount. You can find this out by being appointed the administrator of the succession and issuing a querry to the Treasurer.

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Answered on 3/19/13, 9:53 am


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