Can the mineral rights be saved....
First off, as long as your grandparents are still alive, and paying the taxes on the property/mineral rights, everything is ok if they don't mind footing the whole tax bill. Once they pass away, you should take a copy of their Will, whereas it states that you are a heir, and take it to the county assessor's office and request that you begin receiving a tax bill for your proportionate share of your mineral rights that you inherited. They will begin sending you a yearly tax bill, and your mineral rights will then be safe from tax sales as long as you pay your bill. The assessors office may in addition, begin sending all the heirs a tax bill too. The heirs will not know why they are beginning to get a tax bill unless you tell them. As long as they pay their tax bill from then on, they won't lose their share of mineral rights at a delinquent tax sale. Until that time you would not be able to find out at the courthouse everyone else's name that is getting a mineral rights royalty check. The courthouse does not keep records of that. Right now, only the leasing company would have the list of heirs they mail checks to, and they may or may not give you a copy of the list. Just ask or write a letter, sometimes they will. Once your grandparents pass away, and the assessors office taxes everyone separately, at that point the courthouse would have a list of all heirs, based on the Will. If you don't have a copy of the will, check to see if your grandparents have one on record at the courthouse. Depending on Michigan law, in other states, the surface land of 40 acres can be sold by itself (severing the surface and mineral rights), but the mineral rights would have to be excepted and reserved out of the surface land sale. It would have to be written that way on the new surface owners deed if Michigan law allows the severing of the two. Hope this helps.
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