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If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.

If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.

If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.

If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.

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13y ago

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Related Questions

How do you establish your rights as the heir to your deceased mother's mineral rights?

You need to consult with an attorney who specializes in property law and probate law who can research and document your father's mineral rights and then probate his estate to make certain those rights pass to you legally.


Can mineral rights from estate be passed on to heirs through probate immediately following the demise of the owner?

In the United StatesMineral rights are attached to and run with the real estate. Although equitable title to real property passes to heirs immediately upon death, generally, the estate must be probated in order for legal title to pass to the heirs. That means the heirs cannot legally sign a deed or contract to sell or lease mineral rights until the estate has been probated.


What are the rights of an adult child when a mother commits suicide and the mother and son have been estranged for 13 years?

If the mother was not married her adult child(ren) would be her heir at law and next of kin. If she has a will it must be probated. If she died without a will her estate must be probated. You should consult with an attorney.If the mother was not married her adult child(ren) would be her heir at law and next of kin. If she has a will it must be probated. If she died without a will her estate must be probated. You should consult with an attorney.If the mother was not married her adult child(ren) would be her heir at law and next of kin. If she has a will it must be probated. If she died without a will her estate must be probated. You should consult with an attorney.If the mother was not married her adult child(ren) would be her heir at law and next of kin. If she has a will it must be probated. If she died without a will her estate must be probated. You should consult with an attorney.


What happens to life estate in the mineral rights at that person's death?

The life estate expires when the life estate owner does and the mineral rights revert to the property owners in fee.


What rights do adult children have to a parents estate if they are estranged from their parents?

That depends on the State the will is probated in. For instance, in New Jersey, an adult child has no rights to a parents estate if he was not mentioned in the will. The parent has the right to give his possessions to a charity if he wishes to do so.


In West Virginia does the owner of a property's mineral right have to notify the property owner before he sales them?

If the mineral rights have been severed from the property and the owner of the mineral rights does not own the property then there is no need to notify the property owner. It's possible to own the mineral rights and not own the property. That would be called the "mineral estate". The owner of the property if different than the mineral owner would be the owner of the "property estate". Being the "mineral estate" owner gives you the same rights as being a "property owner". You can do as you wish with your mineral interests. Only time there is a need to notify the property owner is if any leasing will be going on. Hope this helps.


Does life estate automatically bequeath mineral rights to real estate?

No. A life estate includes the right the use and possession of the property for life. Only the fee owner can sell the property or rights therein.


How do I find out if I have mineral rights on my property?

To determine if you have mineral rights on your property, you can check the deed or title documents for your property. These documents should specify whether you own the mineral rights or if they have been reserved by a previous owner. You can also consult with a real estate attorney or a landman who specializes in mineral rights to help you understand the ownership status of the mineral rights on your property.


Are mineral rights considered part of an estate that have to be liquidated or executed to pay debt?

Mineral rights are a part of the estate. All assets have to be valued and distributed or liquidated. Any proceeds from the sale of assets must be used to pay off any debts.


Are heirs entitled to mineral rights if no probate was done in an estate or is there some sort of notice they must file to retain mineral rights that were retained by their now deceased parents?

This question has to vague to answer appropriately, I need more details. The state the property is situated in is relevant as well. The mineral rights would generally be held in the deceased estate. The heirs are entitled to their ownership and depending on the situation, this can be down without probate. You can ask me more specifically at louisianaenergy.ning.com if you need more information.


Should I lease my mineral rights?

No one can answer that question for you unless they know all your details, the extent of your real estate holdings, the area where the land lies, the economics of mineral rights in your area, etc. You need to consult with an expert in your area, possibly a law firm that specializes in representing owners of land in regards to real estate law and mineral rights.


How long after sale of land can the original owner retain mineral rights to the property?

The mineral rights need to be retained and reserved at the time of the sale. If you sell the land without reserving the mineral rights they are attached to the land and go with the land to the new owner.The mineral rights need to be retained and reserved at the time of the sale. If you sell the land without reserving the mineral rights they are attached to the land and go with the land to the new owner.The mineral rights need to be retained and reserved at the time of the sale. If you sell the land without reserving the mineral rights they are attached to the land and go with the land to the new owner.The mineral rights need to be retained and reserved at the time of the sale. If you sell the land without reserving the mineral rights they are attached to the land and go with the land to the new owner.