Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My mother's land in Colorado was Quit Claim Deeded to her…

My mother's land in...

My mother's land in Colorado was Quit Claim Deeded to her children before she died. The Mineral Rights to the land were never put in their name and are still in her name. Do we need to hire an attorney to get this straightened out, go to Probate Court or can we just file an Affidavit?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Not sure what you mean. We have been paying the taxes on the property and mineral rights all along.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Everything has been recorded at the Prowers County Recorders office.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 17 minutes by:
3/12/2018
KLAW
KLAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 2,133
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
Good afternoon. I am a legal expert attorney who will assist you today
Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Thank you.
Customer reply replied 1 month ago
Typing will be fine.
Ok.A quite claim deed transfers all rights your mother had in the property, at the time the deed was signed a transferred.If the a grantee owns mineral rights at the time the quite claim deed was signed, then it would transfer the mineral rights, unless the deed contained specific language to the contrary.
Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
I talked to a gal at the Mineral Rights Office and in Colorado the Mineral Rights are completely separate from the land.The Quit Claim Deed had her name and all her children on it, then when she passed we just had to show them the Death Certificate.
Customer reply replied 1 month ago
It is possible the gal at the MR Office didn't give me the correct information. If that's the case, where do I start to get the MR out of her name and into ours?
Colorado is a state that recognizes separate ownership between the private land (Surface Estate) and the minerals (Mineral Estate) that lie within.It may be the case that your mother transferred her rights to the property and another person owns the mineral rights. There can be different owners own the surface and the subsurface estates.All mineral rights transactions are public record, and if she did transfer the rights, or never owned the rights then it would be filed at the county clerks office.You should start by either checking the county records, or purchasing an abstract of title for the property from a title company.An abstract of title will reveal any problem in the chain of title, which would not necessarily be apparent from the last deed in in the chain of title regarding mineral rights.I hope this clarifies
Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Well, I am pretty sure she did not give the mineral rights to anyone else since the tax bill is still in her name.
You should check the county records to be sure.However, if she sold or lesser the rights there would be a separate surface use agreement, which, regulates the interaction between the owner, her, of the surface estate, and any owner of the mineral estate, and leasee of the mineral estate. Such agreements commonly include conditions under which the mineral leaseholder may access the surface estate in order to access the mineral estate.I hope this clarifies. Please don’t forget to rate the question with stars.
KLAW
KLAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 2,133
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
KLAW and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Ok. Thank you.
Was this answer helpful?
Ask KLAW Your Own Question
KLAW
KLAW
KLAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 2,133
2,133 Satisfied Customers
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

KLAW is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Will a real estate attorney handle disbursement of money
Will a real estate attorney handle disbursement of money from sale of house to each party of divorce and third party creditors. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Are you familiar with Texas real estate and contract law.
Are you familiar with Texas real estate and contract law … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Is it feasible to operate a legal firm and a real estate
Is it feasible to operate a legal firm and a real estate business as DBAs under an Umbrella LLC. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
California Real estate question. Law. After the death of a
California Real estate question. Law.After the death of a family member , is there any way that the beneficiary of an inherited home be able to keep the prop 13 tax status that the deceased had ?Does … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am in one piece of real estate that are owned by for
I am in one piece of real estate that are owned by for individuals as tenants in common. If one of them is willing to give me his order what can be done to the deed so no property tax is impacted … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
Is a loan on real estate legal without a general warranty
Second opinion] Is a loan on real estate legal without a general warranty deed, only a quick claim deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is a loan on real estate legal without a general warranty
Is a loan on real estate legal without a general warranty deed, only a quick claim deed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
In Colorado I signed a mineral deed but was never paid for
Hello, in Colorado I signed a mineral deed but was never paid for my sale of these minerals, can I rescind that deed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH ALLOWED ME A 10 DAY PERIOD TO OBTAIN AN INSPECTION. THE INSPECTION DISCOVERD MAJOR STRUCTURAL & ROOF DAMAGE (OVER $25,000} WHICH WAS NOT FULLY D… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is there a real estate loan for business where the borrower
Is there a real estate loan for business where the borrower pays monthly for several years and then closes the loan with a large balloon payment?… read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If someone is deeded a real estate or mineral interest as a
If someone is deeded a real estate or mineral interest as a LIFE ESTATE and it states in the deed that the Grantee can not sell any of the assets so deeded to him, is there any way the Grantee can ove… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x