Mineral rights inheriting

Can anyone answer what the legal aspect is for mineral rights being transfered to step children when a mineral owner heir remarries in West Virginia?  The scenario in our family is this: (1) Mrs. Smith is an heir and is a widow, but has children from her first marriage.  (2) Mrs. Smith remarries to Mr. Jones and then she passes away and Mr. Jones receives her property.  (3) Mr.  Jones also has children from a first marriage and then Mr. Jones passes away. (4)  Who do the mineral rights end up going to?  Do they go to the original heirs children or to her stepchildren?  Please help!!  Thanks very much

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Permalink Reply by Pondage on January 24, 2013 at 10:07am

I think all would have rights unless specified by will and even then it can and most of the time will be contested, Try here to begin your search. 

http://www.legis.state.wv.us/index.cfm

Permalink Reply by Summer Johnston on January 24, 2013 at 10:54am

I would think you'd need to look at Mrs. Smith's will and determine how she left her estate. How is it that Mr. Jones "received" the property? If she left all property to her husband and he outlived her, then you need to look at his will, unless either or both died intestate, not leaving a will.

 

Some second marriages leave property to a subsequent spouse as a life tenancy, meaning the spouse can use the property until death, when it would follow the dictates the original owner established in the will..

 

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