I am a co-owner of a property in Pennsylvania. In addition to the surface, we own 50% of the subsurface rights? It was recently discovered that an older gentleman was a 25% owner in the subsurface rights from a reservation in the 1940's. He passed away in 2009 intestate with no heirs, only one surviving step-daughter. Did his interest escheat to the commonwealth? If so, would we be a valid "claimant" as a majority mineral owner as well as the surface? How would one claim such an interest in order to clear our title?
I believe under Penn law you would have to prove that at the time of death he had no children, grandchildren, parents, grandparents, brothers, sisters, nephews, nieces, uncles, aunts, cousins, etc
It likely did not escheat to the state - where did his other property go?
Not exactly sure where his other property went. It's possible he may have given it to his step daughter, no one knows for sure at this point. Regardless, if he died intestate, the step daughter wouldn't be considered an heir, right? Please note: His interest would have been dormant for over 60 years and he probably didn't even know he had it. Also, he passed away on the west coast. Would this situation be bound by PA law or the law in the state where he died? Looks like I need to talk to an OGM attorney. Just curious if anyone else on this board has ever dealt this situation before. Our main goal is to aquire his rights, whether it be through an heir(s) or by legal procedings.
Dillon said:
Chances are he had heirs, but maybe not.
I believe under Penn law you would have to prove that at the time of death he had no children, grandchildren, parents, grandparents, brothers, sisters, nephews, nieces, uncles, aunts, cousins, etc
It likely did not escheat to the state - where did his other property go?
Don't know about Pennsylvania, but West Virginia law says that for property in West Virginia (including OGM interests) West Virginia law of intestate succession applies, when the decedent dies intestate, even if decedent lived and died in another state. In the case I am familiar with, there is a difference in the laws of the different states (WVa and Ga).