Mineral rights ownership

sandra_defazio · July 17, 2015, 1:55pm

I HAVE A QUESTION REGARDING OWNERSHIP OF MINERAL RIGHTS. MY FATHER INHERITED

MINERAL RIGHTS IN TYLER COUNTY WV. MY MOTHER IS DECEASED. MY FATHER REMARRIED

AND HIS WIFE LET THE TAXES GO UNPAID FROM TYLER COUNTY. I HAVE SINCE REDEEMED

THE RIGHTS PAYING BACK TAXES AND PENALTIES X 5 YEARS. NOW WHO IS THE RIGHTFUL

OWNER OF THE RIGHTS. I KNOW THAT SHE AS WELL AS I WERE LEGAL HEIRS, BUT SINCE

SHE LET THE PROPERTY TAXES GO UNPAID IS SHE STILL ENTITLED TO ROYALTIES?

THANK YOU FOR ANY HELP ON THIS MATTER

SANDY

Nancy_Mosley · July 17, 2015, 2:01pm

Did your father have a will?

sandra_defazio · July 17, 2015, 2:06pm

no he did not. thank you

Nancy_Mosley · July 17, 2015, 2:41pm

WV Code on intestate succession

Look at the section 42-1-3 especially. Looks like she was entitled to no more than half by that. Not sure how your redeeming it from tax sale fits in.

You may need an attorney in WV.

You might get some advice from the assessor's office in Tyler County.

sandra_defazio · July 17, 2015, 2:49pm

thanks I will check with them.

again thanks for your input

sandy

JIMMIE_L_POWELL · July 17, 2015, 4:59pm

I believe she is still a legal heir to the mineral rights under the law.

JLP

Nancy_Mosley · July 17, 2015, 5:20pm

No more than half as I read he WV code.

Go_Fast · July 17, 2015, 8:56pm

When you pay the taxes at a county sale in Oklahoma, you receive all rights & title to the properties that the former owner had. Did you receive a deed when you paid the taxes?

Jeremy_J_Gautreaux · July 21, 2015, 8:05pm

I believe she would have half and you and your siblings, if any, would split half in equal proportion.