Transfer ownership of old mine? (mineral rights, sale, real estate)

[westeasterly]

Hello Colorado forum people. My family has an old defunct silver mine from generations back that was deeded to my dad and his sister by their parents. Now that our dad has died we want to give his share to his sister (our aunt). We live outside the state and our lawyer doesn't practice in Colorado, but we don't really want to engage a lawyer unless we have to. In Colorado, are there other ways to change ownership on a real estate title? Can an escrow agent do this? Do mines have any special considerations? (I am the trustee, btw.) Thanks for any tips.

[sunsprit]

please clarify, is this "old defunct silver mine" deed:

1) a real estate title,

and/or

2) a mining claim title?

3) or both; ie, a piece of real estate with the mineral rights included?

what you actually own is critical to a transfer of right, interest, and title.

to simplify, if you have a real estate deed, then you could "quit claim" your interest to your aunt and that sale can be filed with the county clerk and recorder as a real estate transaction.

mining claims, mineral interests, and patented claims are in an entirely different arena. You may best be served by retaining a lawyer who knows how to handle these matters. There may ... or may not ... be some value to the mine which is worth protecting.

[Robert5]

As Sunsprit said it is important that you distinguish between Real Estate and mining claim.

The fact the mine was titled in the name of your father and he is dead raises a lot of questions. Has the Estate been probated? In whose name is it titled currently? What authority do you have over your father's estate?

All said, the short answer is that you obtain a copy of the Deed transferring title to your father from the County Clerk and Recorder, copy it word for word just changing the names accordingly, get it signed in front of a notary (does not need to be CO notary) by the appropriate party, then record with same County Clerk and Recorder claiming a transfer amount of less than $500.

You also might consider that the mine may have environmental contamination and may be more of a liability than an asset.

[westeasterly]

Thanks, both. We are just starting to figure out what to do here so I don't have all the answers yet. Family members have visited over the years and it's a high elevation property in Hinsdale County that is hard to reach. From what I know, it was deeded to my great-great-grandfather (who was a miner) by the governor.

please clarify, is this "old defunct silver mine" deed: 1) a real estate title, and/or 2) a mining claim title?

Sunsprit, I believe this covers both real estate and the mining rights but I am verifying this. There is a quit claim deed in his trust for this property.

Has the Estate been probated? In whose name is it titled currently? What authority do you have over your father's estate?

Robert 5, that's good information, thank you. The estate is currently in probate. The property was transferred to his separate property trust during his lifetime. I am the trustee. We have records of the title transfer from his mother to my dad and his sister (someone has them, at least.)

I'll post back when I have more details.

[Mike from back east]

An interesting issue, but everyone please remember that opinions stated on here are just that, opinions, and do not constitute valid legal advice. My first call would be to the county assessor's office for their take on the matter, they should be able to give very valid information and status.

[oldtrader]

One thing you have to check. Was your dad or his sister paying the property taxes on the property if they owned the property.

A lot of those old claims, people did not bother to pay the property taxes and/or the county did not have their address to send them the tax bill.

When this happens the county sells off the property for the amount of the tax bill, and your dad and his sister would no longer own the property.

This is something you should check before you go any further. Calling the county tax office, is the way to find this out if you don't have records of him paying taxes.

To find about the title status, the county clerk and recorder's office is who you contact.

I was in the investment real estate business in Colorado from 1972 till I retired. I have seen numerous situations where the family thought they owned an old abandoned mine, etc., but lost it through not keeping the taxes paid over the years. This is why I am saying to check this out first thing.

[smdensbcs]

If any ownership interest in real estate was in your Dad's individual name (the deceased), "Letters" issued by a probate court will be required to transfer ownership. Only the Personal Rep will have authority to sign the deed and the Letters will have to be recorded with the deed to transfer good title. If the ownership interest was not in the deceased persons individual name but was owned by a trust, then a Trustee will have authority to transfer ownership without need for a probate. If the probate estate is opened in a state other than Colorado and the real estate interest is in Colorado, then "Letters" issued by a court in a different state are not effective in Colorado to transfer good title. There's a different statutory process to authenticate the out-of-state Letters. Just for fun, that process leads you to something called a Certificate of Ancillary Filing, which effectively serve as the Letters where the probate was filed outside Colorado.

Remember, as Mike from back East noted, none of these responses are actual legal advice. Just folks chatting informally who may or may not have any idea what they're talking about.

Do you need a Colorado probate lawyer to effectively accomplish the above process? Depends. Are you the type who'd rather have a doctor scope your knee or a car mechanic replace your timing belt or would you rather figure out how to do those things yourself? If you can do it yourself, then by all means have at it. Will a title company or clerk/recorder be helpful? Maybe, somewhat, but they sure as heck won't lift a finger to make any of the required paperwork appear. That's on you to obtain yourself.