Legal Question in Real Estate Law in Washington

assignment of mineral rights

My mother recently passed away. In her will I am the representative to resolve her holdings.

My Mom had mineral rights on two parcels in Logan Co. Colorado (capped wells non working) AND

Two different parcels in Canada British Columbia both working wells with small royalties being paid.

After notifying the latter two my mother had passed away, they stopped sending royalty checks which were coming to me and I have been depositing in my mothers behalf.

In contacting them both have requested...

1. Assignment of mineral rights documentation

2. Transfer of title from her to her beneficiaries

3. Copy of the will

I have the copy of the will but not items 1 and 2

Questions?

Where can I get those forms free online?

In searching online it appears there are forms for each state. I am in the state of Washington. If I find the forms are they to be Washington state forms where I reside or where the property is ie. Colorado and British Columbia?

Once I provide them with the property documents, will they or should they pay the royalties they are currently withholding do to the notice of her death?

Thanks


Asked on 7/16/08, 7:18 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: assignment of mineral rights

Regarding the first two of the three items requested of you, the assignment and the transfer are inferred in the will. In other words, if your mother's will specifically passes title to her mineral rights to her property rights, that is what the beneficiary uses to record a new title in their name with the help of the executor of the estate. Each state and county, or in BC the province and each city have their own rules and forms to accomplish this, but the Will is the triggering instrument that assigns or transfers the mineral rights and the titles. I do not see what else you need.

I don't think you need any forms, beyond that which is required by the recorder's office where the property is located, and those recorders usually provide the forms to you for free, so check the appropriate government agency's website. So, forget about the Washington state forms, and concentrate on Colorado and British Columbia.

Last, I am not sure what these are worth in total, but it sounds small from what you wrote. Nevertheless, you would do well to consult with an attorney in each jurisdiction (CO and BC) to make sure that you are doing things properly. I know it will cost you some money, but think of how cheap it will be compared to never again getting a royalty check because you screwed something up.

Once you provide the satisfactory documentation, you should get any back payments that are due, unless your mother's royalty contract specifies otherwise.

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Answered on 7/16/08, 7:51 pm


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