I live in Ohio and the land is in Ohio. My aunt is leaving me the 30 acres farm but it’s currently leased, if she passed away who’ll get the rights?
If the mineral rights are not severed from the surface, if your aunt left you the farm, you would receive the surface and minerals, but the lease would still stand until it expired.
Do you know how I would get a copy of the lease to find out when it expires? Also, if she passes, who will get the royalties? Thank you!
If you own the minerals, you own the royalties unless there was something else specified in the will or a deed. As for getting a copy of the lease, if aunt is alive I would ask her, if not I would request it from the lessee if you know who that is, failing that I would look at the county recorders office for it. You may find that there was only a memorandum of lease recorded and that would bring you back to asking the lessee for the lease, bad thing is they don't have to give it to you. If the lessee won't give you a copy of the lease and you can't find it elsewhere, you are going to be in limbo along with a lot of other mineral owners.
Thank you, R.W. Kennedy!
Whenever your aunt passes away and you have her Will probated, you will have to notify the then-current owner of the Lease (it could be the company mentioned on the Lease or it could be another company that acquired if from them) so that they know to pay whoever is authorized in the Will to receive the minerals (and hence the royalties on the existing Lease). Usually, this can be accomplished by sending a certified copy of the probate documents to the Land Department of whichever company owns your Lease.
Thank you, Pete. I appreciate this...I just didn't want shale to have the rights... Thanks!