In 1956 Ohio deed, My great grandfather sold property to my grandfather, He had a life estate to live on property and also reserved 50% of the minerals. Upon death does the minerals transfer to my grandfather, or do they split the 50% between my grandfather and his brother?
Did your great grandfather leave a will? If so, I think the will would state how his property would be devised. Otherwise, I think it depends on the laws of the state where the minerals are.
Is it clear that your great grandfather reserved 50% of the minerals, not as part of his life estate?
I am not a lawyer, but am somewhat familiar with how this works in a few states, not Ohio.
If he had a will you would have to follow it. Do you know if his estate was ever probated?
If he has no will, you would have to follow the laws in place at the time.
Did he reserve a life estate n the minerals?
Don’t know Reserving life estate to reside on said premises Also reserving 50% of minerals underlying said premises
These were two lines together on deed
There have been several leases on this over the years, it was 15 years after great grandparents passed that leassors started adding grandparents brother to leases stating he owned 25%
It was stated no probate in 1968 because they owned nothing
Sometimes when I am out taking a lease and the Deeds are not clear, I have leased extra people, such as your grandfathers brother, just to make sure I had 100% lease coverage.
What am I to do, spend a lot of money to have a lawyer take to court?
Just find a real estate and/or oil and gas attorney close to where you live and get their opinion of the Deed. With the length of time that has passed since the transaction, I doubt if there is anything to go to court over
Dear Mr. Will,
Nobody can give an informed opinion (and that is all that it will be) to the status of the reservation without seeing the deed. You must examine all portions of the document to understand the intent of the parties (there is no higher expression of intent than what was written down and signed).
in case there was no will, the law prescribes how things are distributed.
As Mr. Cotten says, the deed language is the first place to look but you seem to have described that above.
What county in Ohio are the minerals in? You can go above to the Groups section and see if you can find your county, or go to the Statewide section. If you need an Ohio attorney to help with anything, probably someone from one of those groups can help with a recommendation.