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Old 10-25-2009, 10:20 AM
 
Location: Michigan
2 posts, read 3,007 times
Reputation: 10
Default How to save the mineral rights on property before it goes for tax sale?

Our grandparents recieve mineral right royalties on 40 acres along with about twelve other relatives. Our great grandfather left the property to all of his heirs making the transfer of this property very difficult.
Our grandparents pay the total taxes as none of the other relatives want to even though they all recieve royalty checks. In the case something ever happens and they pass away and no one pays the taxes and it goes for tax sale.
My question is: Can the mineral rights be saved someway before the property goes for tax sale? I know if the property sells that the mineral go with it.
How can we find out everyone that is listed that gets a mineral check and would it be filed within the court house or the lease company holding the lease?
Any info will be greatly apprieciated. Our grandparents did hire an attorney and tried to straighten everything out, got took for a lot of money and nothing was solved.
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Old 10-25-2009, 01:06 PM
 
Location: Los Alamos, NM
674 posts, read 854,435 times
Reputation: 435
Why don't the royalty checks go to the tax payment before anything is distributed??? That's what should happen. The property should never simply go for tax sale.

How did the original great grandfather's estate get settled? The property should have been sold and any profits distributed to the 13 heirs. Why didn't the executor of the estate do this? If one of the 13 heirs had wanted the property, he should have had the option to purchase it. It wouldn't have been complicated if this had been done as it should have been when the great grandfather died.

It sounds like there's a lot of selfish people in your greater family if this property is going to be sold at a tax sale. Maybe it's better to finally have the property sold in this manner if you all couldn't agree to do it earlier or to have at least seen that the taxes were paid by all.
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Old 12-14-2011, 04:18 PM
 
2 posts, read 5,781 times
Reputation: 10
Once a person dies, their assets go through Probate. If there is an Executor to distribute the assets as the deceased person states in their will, they will help to process this. If not, it still happens, but can take longer. Regardless, the papers for Probate are filed in the courthouse where they resided and if you are listed in the Probate papers as an heir, you can usually submit this to the oil/gas company to be paid directly. The county can also bill you separately, even if you have an "undivided interest". Contact the county where the oil/gas lease is and see what they require. I live in TX and have part ownership in land and minerals (gas leases). If land is involved, too, may need an attorney to file proper deeds.
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