What is the best way to include West Virginia mineral rights when writing a family trust?

Most of our family lives in Florida and I have heard that West Virginia has certain standards when transferring title to a family member after death. I am in the middle of writing a trust and I am not sure what to use for the mineral rights. Will the division order information be enough? Any suggestions? Thank you!

I included the actual legal description in mine.

Do you believe these rights have value? If the answer is yes and you want to have the property descend according to your wishes, then you should secure legal advice as opposed to seeking free advice on this site.


After you replied, I finalized my trust and my Florida attorney did not work the mineral rights into my trust. I guess I need to find a WV -Tyler County attorney to advise me. Any suggestions? Thank you again.

You should get legal help to revise the trust.

Correction: Leech & Tishman, Pittsburgh, PA

Correction: Snyder & Hassig, New Martinsville, WV

Worked on a family trust for minerals last year, owner of minerals live in Tyler county, WV. Used a lawyer in Pittsburgh, that has WV law license. There is not a Tyler county lawyer. I suggest a separate trust for the minerals keeping inheritance strictly to direct descendants. Wendom in Harrisville, WV Hassig & ? In New Martinsville, WV

I used Matt Rak in Pittsburgh, PA part of Tishman & Leech.

Also, Paige Vagnetti, with Dinsmore & Shohl in Morgantown, WV

All you need to put the mineral rights into the trust is a deed from the current owner of the mineral rights to the trust. You shouldn’t need to “rework” the trust itself unless distribution of the mineral rights from the trust is supposed to be done in a way that is unique from the other properties owned by the trust.

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