If a lease is found aren't the heirs to that lease those relatives that are still living? Or would it be the eldest living relative?. 2 leases were assigned through death to that family member but more are being found and the gas companies are doing the leases with that party who now wants to set up a trust for all the others including a stepmother and her siblings?. What would be the others who are blood relatives rights?
The trust may be a good option but can that party dictate portion of shares? Can they leave a party out of the trust who is a blood relative?
First you need to determine who was named on the lease, who apparently died intestate (without a will) as to the mineral rights. Then, you look at your state statute that defines heirs as it relates to that person. The rights of the blood relatives are nill if they are not heirs per the statute. As to a trust, if the person owns the rights in their entirety, they can do whatever they want with them–including writing the trust the way they want. Heirs and blood relatives are not the same.
Penna. Great Great grandfather had one dauther who had one son who had one son who had 4 children. Last son and 4 children living. Two leases were in hand and passed down by name, others are presently being found.
Lisa said:
First you need to determine who was named on the lease, who apparently died intestate (without a will) as to the mineral rights. Then, you look at your state statute that defines heirs as it relates to that person. The rights of the blood relatives are nill if they are not heirs per the statute. As to a trust, if the person owns the rights in their entirety, they can do whatever they want with them–including writing the trust the way they want. Heirs and blood relatives are not the same.
Is Penna the person named on the lease? If so, you first look at the statute that defines heir for the state that Penna died in (statute needs to be the one that was in effect at the time of death). The statute that defines heirs varies by state. That is why I can’t just tell you what it is. Then, you make the determination who the heirs were at the time Penna died. That’s when they were determined–not now. If whoever those heirs were, then died without naming who was to inherit the rights from them, then you go back to the statute and determine who their heirs were when that person died, and so forth and so on. Keep in mind, if anyone along the way had a will, saying the residuary of their estate should go to so and so, mineral rights would be included within that term. The term “heirs” is specific to person and date. Just naming who blood relatives are doesn’t mean anything. For instance, the spouse of one of these deceased children may have interited, and then when they died, the rights could have gone to their siblings, or parents, or their second spouse. You should be able to google to get the statute.
Mary said:
Penna. Great Great grandfather had one dauther who had one son who had one son who had 4 children. Last son and 4 children living. Two leases were in hand and passed down by name, others are presently being found.
Lisa said:
First you need to determine who was named on the lease, who apparently died intestate (without a will) as to the mineral rights. Then, you look at your state statute that defines heirs as it relates to that person. The rights of the blood relatives are nill if they are not heirs per the statute. As to a trust, if the person owns the rights in their entirety, they can do whatever they want with them–including writing the trust the way they want. Heirs and blood relatives are not the same.