# What is the best way to include West Virginia mineral rights when writing a family trust?
**URL:** https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127
**Category:** Tyler County, WV
**Created:** [July 17, 2022, 4:29am UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127 "2022-07-17T04:29:55Z")
**Posts on this page:** 10
**Page:** 1
### Author:  [@lbl](https://www.mineralrightsforum.com/u/lbl)
#### Post date: [July 17, 2022, 4:29am UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/1 "2022-07-17T04:29:55Z")
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!
---
### Author:  [@Jhab](https://www.mineralrightsforum.com/u/Jhab)
#### Post date: [July 17, 2022, 7:31am UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/2 "2022-07-17T07:31:57Z")
I included the actual legal description in mine.
---
### Author:  [@tim\_dowd](https://www.mineralrightsforum.com/u/tim_dowd)
#### Post date: [July 17, 2022, 10:27pm UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/3 "2022-07-17T22:27:58Z")
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.
---
### Author:  [@lbl](https://www.mineralrightsforum.com/u/lbl)
#### Post date: [August 3, 2022, 12:01am UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/4 "2022-08-03T00:01:46Z")
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 West Virginia - Tyler County attorney to advise me. Any suggestions? Thank you again.
---
### Author:  [@M\_Barnes](https://www.mineralrightsforum.com/u/M_Barnes)
#### Post date: [August 5, 2022, 12:49pm UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/5 "2022-08-05T12:49:35Z")
You should get legal help to revise the trust.
---
### Author:  [@John27](https://www.mineralrightsforum.com/u/John27)
#### Post date: [August 5, 2022, 1:59pm UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/6 "2022-08-05T13:59:17Z")
Correction: Leech & Tishman, Pittsburgh, PA
---
### Author:  [@John27](https://www.mineralrightsforum.com/u/John27)
#### Post date: [August 5, 2022, 2:00pm UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/7 "2022-08-05T14:00:40Z")
Correction: Snyder & Hassig, New Martinsville, WV
---
### Author:  [@John27](https://www.mineralrightsforum.com/u/John27)
#### Post date: [August 5, 2022, 6:15pm UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/8 "2022-08-05T18:15:36Z")
Worked on a family trust for minerals last year, owner of minerals lives in Tyler County, West Virginia. Used a lawyer in Pittsburgh, that has West Virginia 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, West Virginia Hassig & ? In New Martinsville, West Virginia
I used Matt Rak in Pittsburgh, Pennsylvania part of Tishman & Leech.
Also, Paige Vagnetti, with Dinsmore & Shohl in Morgantown, West Virginia.
---
### Author:  [@Kyle\_Nuttall](https://www.mineralrightsforum.com/u/Kyle_Nuttall)
#### Post date: [August 9, 2022, 9:39pm UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/9 "2022-08-09T21:39:25Z")
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.
---
### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [October 15, 2022, 4:30am UTC](https://www.mineralrightsforum.com/t/what-is-the-best-way-to-include-west-virginia-mineral-rights-when-writing-a-family-trust/67127/10 "2022-10-15T04:30:54Z")
This topic was automatically closed after 90 days. New replies are no longer allowed.