Mineral rights and estate law

West Virginia Mineral Rights
1

I’m wondering if anyone can help with a question regarding how mineral rights inheritance works in this situation. My mother passed away in 1986. My father

remarried and went on to die in 1997 without a will. His second wife remarried within the year. Does she still retain 1/2 of his mineral rights and my sister and I only get 1/4 each? This woman has been married 4 times. It just does not seem right that she is walking away from each marriage with all of the children’s inheritance.

2

I know that our families rights can not be further separated.

3

Who owned the mineral rights before your mother died? Did she have a will? That could make a difference. If all your father’s at your mother’s death, and with his not having a will, I think the second wife would be entitled to 1/2 of his rights. Fair or not (doesn’t seem fair I agree).

http://www.legis.state.wv.us/WVcode/code.cfm?chap=42&art=1

A good reason to have a will.