Legal Question in Wills and Trusts in Louisiana

I just recently found out that a certain gas company has been illegally drilling oil from my great great grandfathers land for decades and my family filled suit. My mother filed with this claim and is expecting a large lump sum. We have until some time next month (as a family) to file a claim to receive a portion. 500 people has filed so far, but I was wondering if it was possible for me to file a claim as well even though my mom filed or does just that particular generation get it? The claim is in Louisiana so the laws are slightly different. I'm 26 and I looked at the forced heir laws but I'm not sure that it applies..... Am I eligible for a portion of the inheritance?


Asked on 9/17/09, 12:09 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

It drives me crazy that people think Louisiana law is "different." Whoever were the owners of the property at the time the "theft" occurred is who can claim. If it was your mom and dad, then if your dad is deceased, the succession distribution would probably say who has a claim. Unless you gained an ownership interest in the interim between the "theft" of minerals, and when the suit was filed, like by being an heir, then you cannot claim anything. If your mom is the "heir" or better yet, is not the heir of your dad, but of her family, then she and she alone will probably only have the claim.......with the "facts" you have given, that is the best I can do.

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Answered on 9/22/09, 6:19 pm


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