We’re in the process of purchasing land in FL that has restrictions for oil, gas and mineral rights. When searching the owner of these rights, I learned that she passed away in TX w/no children. Per TX law, her heir would be her sister. If there was no will, would this be recorded intestate in FL or TX? How can I find out who the current heir is and try to have these rights either sold to me or relinquished? I’ve also researched and have not found any type of oil, gas or mineral mining in the area where the property is. Please help!
The intestate succession laws in Florida would take presedence. As a general rule, the laws of the state where the property is located prevail.
Since your chasing ghosts check another point. Based upon your commentary the title insurance company has provided a title opinion detailing the prior severance of the minerals. Some of the FL counties tax minerals (like real estate taxes) where in this case past taxes may not have been paid but the county never moved forward with a tax sale. If your title opinion doesn`t illustrate a sheriffs deed it might be worth a call to the county tax office to simply verify the possible non-payment where you could possibly redeem the ownership.
Cara- which counties in Florida?
In lieu of Some of the Counties I should have stated Florida Counties. Naturally the Panhandle Counties and some in South Central Florida were far more aggressive in creating a mineral tax roll but they are also the counties with some form of oil and gas development. Other counties created the same due to sand, phosphate and limestone activity. Based upon these factors alone the owners would have been more aware of creating a mineral reservation where in other inactive counties all subsurface transferred with the real estate.
Secondly a large portion of Florida minerals are either owned by the Feds, water districts and the State. Therefore mineral taxation can be very spotty.
I was just wanting to know which ones since you sounded quite sure there are some.