QUESTION
Can I claim mineral rights of my property?
Asked on Jan 18th, 2012 on Estate Planning - California
More details to this question:
My grandmother owned mineral rights to the land she had given me. My grandmother since has passed with no will declaring ownership of the mineral rights. Can I legal claim mineral rights of my property?
4 ANSWERS
Glen Edward Ashman
Without seeing the deed and searching the title there is no way to know.
Answered on Jun 20th, 2013 at 12:35 AM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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If her deed of the property to you reserved the mineral rights, they will pass through her estate to her intestate heirs (assuming there is no effective will). Her intestate heirs would be her descendants by right of representation. The share you receive would depend on how many other living descendants your grandmother has.
Answered on Feb 06th, 2012 at 2:14 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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Those rights, if separate from the rights of land ownership, will transfer to the decadent's lawful heirs pursuant to your state's law.
Answered on Feb 06th, 2012 at 8:19 AM
Your question is governed not by her will but by the deed under which she took title. You should consult a real estate attorney to assist you in reviewing the old deeds.
Answered on Feb 03rd, 2012 at 11:40 PM