At Marshall, Parker & Associates, we understand the challenges of gas planning because we ourselves are also living with the changes Marcellus Shale development has spurred around us.

Having served central Pennsylvania's estate planning needs for more than three decades, our team's Marcellus Shale practice naturally evolved out of our desire to serve clients as best we can.

We provide the services that landowners need as they work through the gas leasing process, and then face drilling and development. 

These services include review of gas leases and related forms to help landowners understand the documents they are being asked to sign. We offer office and telephone consultations to answer the many questions that arise as clients consider leasing their property for gas development. We use our experience to negotiate with the gas company to build additional protection for you and your land into the lease.

We also recognize that signing a gas lease is only the first step. Royalties from the Marcellus Shale have the potential to produce life-changing wealth for many landowners. Our team has the expertise to help landowners develop the planning they need to protect this source of wealth for their children and grandchildren. 

Our lawyers will help you evaluate your circumstances and relevant tax and other considerations and help you decide which of the above options, or combination of options, will best accomplish your goals.

To realize the maximum financial benefit from gas royalties will require working with a team of professionals who understand each landowner’s unique situation and needs. This is not "one size fits all" planning. Landowners need to discuss gas lease royalty income within the context of their family, their overall estate plan and their specific goals. There are a number of options to consider, as discussed below.

• Trusts
  Trusts are a tried and true estate planning tool that have been used for many years to protect assets from creditors, divorce and nursing home costs. For landowners who are primarily concerned about these types of risks, an asset protection trust may be the ideal way to hold property that is under a gas lease. Those individuals who have larger estates may also consider a variation of this trust for the purpose of minimizing federal estate tax.

• Family Limited Partnerships (FLP)
  There are numerous advantages to using a family limited partnership to hold the rights under an oil and gas lease. Like a trust, the partnership protects the partnership assets from risks associated with creditors or divorce of family members. An FLP allows control over the land in the partnership to initially remain with the parents as General Partners, while gradually shifting ownership and eventually control to the children as Limited Partners. In addition, there may be a discount in value of partnership interests that could be of benefit for those facing federal estate tax.

• Limited Liability Companies (LLC)
  A Limited Liability Company can be used to hold land or rights under a lease in a way similar to an FLP. Like a partnership, an LLC can be structured to restrict ownership of gas lease interests to direct family members. And the LLC can enhance the family’s protection from liability concerns.