Must a beneficiary split mineral rights with co-owners?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Must a beneficiary split mineral rights with co-owners?

My grandmother left my mother and her 2 sisters “all her real and personal property to share and share alike” in her Will. She had owned an 1/8th of an interest in land in WV. My mother and her sisters each receive a bill for that split for the taxes. If the mineral rights are not mentioned in the Will and my mother is the only one that gets a check and she is the only one that pays taxes on them, does she have to split any income she receives from the mineral rights?

Asked on August 10, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You are treading on very thin ice as they say, or your Mother is.  I am assuming here that the estate has been probated and all the paperwork completed, correct? Then your Mother needs to be on the up and up with everything or she could get in to a lot of trouble.  Have her seek legal help here.  She can not keep the proceeds but the proceeds could go to paying the taxes for the property and then split the remaining with her siblings.  Even though the mineral rights were not specifically mentioned they were implied by the phrase "all her real and personal property" that you mentioned here.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption