# Who owns minerals

**URL:** https://www.mineralrightsforum.com/t/who-owns-minerals/2174
**Category:** Law & Legal
**Created:** [August 22, 2017, 12:00pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174 "2017-08-22T12:00:04Z")
**Posts on this page:** 11
**Page:** 1

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### Author: ![Hank\_Will](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/h/54ee81/32.png) [@Hank\_Will](https://www.mineralrightsforum.com/u/Hank_Will)
#### Post date: [August 22, 2017, 12:00pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/1 "2017-08-22T12:00:04Z")

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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?

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### Author: ![Nancy\_Mosley](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/n/3bc359/32.png) [@Nancy\_Mosley](https://www.mineralrightsforum.com/u/Nancy_Mosley)
#### Post date: [August 22, 2017, 1:37pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/2 "2017-08-22T13:37:39Z")

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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.

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### Author: ![K11](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/k/8dc957/32.png) [@K11](https://www.mineralrightsforum.com/u/K11)
#### Post date: [August 22, 2017, 1:42pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/3 "2017-08-22T13:42:46Z")

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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.

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### Author: ![Charles\_Cunningham](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/f05b48/32.png) [@Charles\_Cunningham](https://www.mineralrightsforum.com/u/Charles_Cunningham)
#### Post date: [August 22, 2017, 4:58pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/4 "2017-08-22T16:58:02Z")

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Did he reserve a life estate in the minerals?

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### Author: ![Hank\_Will](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/h/54ee81/32.png) [@Hank\_Will](https://www.mineralrightsforum.com/u/Hank_Will)
#### Post date: [August 22, 2017, 7:04pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/5 "2017-08-22T19:04:45Z")

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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 lessors started adding grandparents brother to leases stating he owned 25%

It was stated no probate in 1968 because they owned nothing.

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### Author: ![Charles\_Cunningham](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/f05b48/32.png) [@Charles\_Cunningham](https://www.mineralrightsforum.com/u/Charles_Cunningham)
#### Post date: [August 22, 2017, 7:30pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/6 "2017-08-22T19:30:03Z")

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Hank

Sometimes when I am out taking a lease and the Deeds are not clear, I have leased extra people, such as your grandfather’s brother, just to make sure I had 100% lease coverage.

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### Author: ![Hank\_Will](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/h/54ee81/32.png) [@Hank\_Will](https://www.mineralrightsforum.com/u/Hank_Will)
#### Post date: [August 22, 2017, 7:51pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/7 "2017-08-22T19:51:03Z")

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What am I to do, spend a lot of money to have a lawyer take to court?

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### Author: ![Charles\_Cunningham](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/f05b48/32.png) [@Charles\_Cunningham](https://www.mineralrightsforum.com/u/Charles_Cunningham)
#### Post date: [August 22, 2017, 8:02pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/8 "2017-08-22T20:02:51Z")

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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.

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### Author: ![Buddy\_Cotten](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/buddy_cotten/32/5079_2.png) [@Buddy\_Cotten](https://www.mineralrightsforum.com/u/Buddy_Cotten)
#### Post date: [August 22, 2017, 9:15pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/9 "2017-08-22T21:15:16Z")

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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).

Best, Buddy Cotten

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### Author: ![Nancy\_Mosley](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/n/3bc359/32.png) [@Nancy\_Mosley](https://www.mineralrightsforum.com/u/Nancy_Mosley)
#### Post date: [August 23, 2017, 2:04am UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/10 "2017-08-23T02:04:36Z")

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[Ohio law on intestate succession](http://codes.ohio.gov/orc/2105)

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](http://www.mineralrightsforum.com/county-groups) 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.

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### Author: ![MRFAdmin\_SV](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/m/e0b2c6/32.png) [@MRFAdmin\_SV](https://www.mineralrightsforum.com/u/MRFAdmin_SV)
#### Post date: [January 11, 2025, 7:29pm UTC](https://www.mineralrightsforum.com/t/who-owns-minerals/2174/11 "2025-01-11T19:29:15Z")

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