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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Curious about mineral rights being passed down. My

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curious about mineral rights being passed down. My grandfather had mineral rights and passed them to my father...when my father passed on the mineral rights seems to stall out and my mother did not look into it. Now she has passed on and I wonder if those mineral rights are still viable or if payments should have been paid to her. would these funds be payable to her estate? my Grandfathers land was sold after his death.
JA: Estate laws vary by state. What state are you in?
Customer: The land in question is in alberta west of edmonton.
JA: What documents or supporting evidence do you have?
Customer: We have my fathers papers and records of payments relating to a pipeline going across grandfathers land. there was also some drilling activity in the area but it was shrtlived.
JA: Anything else you want the lawyer to know before I connect you?
Customer: there was a 10 years span between my fathers death and my mothers death.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear of this difficult situation.

When your grandfather's land was sold after he death did your father get payments from the rights?

Customer: replied 7 days ago.
he received payments along with his sister. I believe they were related to a pipeline right of way. both my father and his sister are now deceased. It seems there have been no payments since they passed away and niether our family nor my cousins have gone any further with it. I believe an application for probate may be required.
Customer: replied 7 days ago.
The bot***** *****ne here at this time is to determine if these mineral rights are still able to be passed down in the jurisdiction of Alberta.

Yes for sure the rights get passed down unless your father sold them.

So the rights, as all other assets form part of your father's estate and should have been passed down with all other assets to whomever was inheriting, likely your mother.

And so then they would form part of your mother's estate when she died.

So if your father's Will was not probated then it may have to be in the rights were in his name alone. Then they would pass to your mother's estate and her Will would then also have to be probated.

Does that clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra and other Canada Law Specialists are ready to help you
Customer: replied 7 days ago.
Thanks very much.... we will proceed with probate...hopefully making sure mineral rights and payments are taken care of...Regards: Tom K

You are very welcome.

I hope things work out.

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