Replies to This Discussion

Permalink Reply by Lynn Wigglesworth on March 1, 2011 at 1:04pm

I believe that the lease would pass as-is to you.

Permalink Reply by Robin Jackson on March 1, 2011 at 2:43pm

I figured..I wonder if we weren't family it would be different for the next person?

Permalink Reply by William Ladd on March 2, 2011 at 5:07am

Does she have a will Robin?  I wonder if  any royaltys that may be realized could be  willed to you or whoever?

Might be worth looking into.

 Bill L.

aka Bummy 

Permalink Reply by Sara A. Worsham on March 2, 2011 at 6:23am

If your grandmother passes away, if she had a will, then her interest would pass under her will.  If she did not have a will, then her mineral interest would pass under the Pennsylvania decent and distribution law.  Her lease would be valid, regardless.  A lease does not void upon transfer of property, the transfer would be subject to any current lease (and right of ways). 

Permalink Reply by Robin Jackson on March 2, 2011 at 6:45am

It is in our deed that at the time of her passing the rights go to us.

Permalink Reply by Sara A. Worsham on March 2, 2011 at 7:09am

Then she would have only had a life estate interest in the land.  Her passing would have just voided that interest.  If she was the only person leased, then you would have to sign a Ratification of her lease. 

Permalink Reply by Robin Jackson on March 2, 2011 at 7:40am

We just talked to her and are we correct in stating if she is in a grid or m akes any money on her lease through the lease or royalties she needs to state where the royalties go ..right?

Permalink Reply by Sara A. Worsham on March 2, 2011 at 8:36am

If she signed the lease, then the royalties would be paid to her.  Upon her passing, the royalties would transfer to you.

Permalink Reply by Robin Jackson on March 2, 2011 at 12:24pm

ok ..Thank You Sara. We told her to specify in her will so I guess it can't hurt. She is also in AZ and we are in PA..I don't know if states will differ. My other Grandmother just recently passed and her monies were froze in her acct. even joint ownership and went to the state ugh..hoping we don't go through all that ..

Permalink Reply by Sara A. Worsham on March 3, 2011 at 8:22am

I don't think you should have any problem, especially since she has already deeded the property to you (as long as that deed is filed of record, if not, you need to do that).  I think that all they ( the oil company paying the royalties) would need to transfer the royalties to you in that case would be a copy of her death certificate, which would show that her life estate interest in that land has terminated.  Hope she continues to lives a long time though!!  Have a good day!