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Thread: Mining Claims after Death of Owner

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  1. #16
    us
    May 2009
    Sailor Flat, Ca.
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    I always enjoy reading all the work arounds...vs. the easier proper way to do things.

  2. #17
    us
    Nov 2009
    135
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    Can you sell dirt in bags from your claims ?

  3. #18
    us
    Mike

    Dec 2014
    Bodfish and Marin county CA
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    Quote Originally Posted by Clay Diggins View Post

    Just one man's opinion:
    If your claim partner dies just deal with the family and work something out that satisfies everyone as well as possible. If the claim is worth mining and the partner was worth having it seems treating his heirs rights with respect would not only be the proper legal course of action, it would be the right moral choice - in my opinion.

    Heavy Pans
    I agree 100% and that's how I would do it -- However I don't think BLM is checking Kern County in CA.
    Stay thirsty my friends

  4. #19
    us
    May 2009
    Sailor Flat, Ca.
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    Quote Originally Posted by Dig em all View Post
    Can you sell dirt in bags from your claims ?
    yes

  5. #20
    us
    Nov 2009
    135
    7 times
    so there is the other issue with trespass if you can sell the dirt then trespassers would be disturbing your claim,?

  6. #21
    us
    Brian

    Mar 2014
    Central Oregon Coast
    Whites GMT Garret fully underwater
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    I am still a little uncertain on how to deal with the death of a mining partner on a 40 acre "joint locator" claim. I have a certified doc from my partner that states "in the case of his death his portion of the claim interest reverts to me solely". His brother (only surviving family member) is not someone I would want to deal with. I have had notary signatures where the dates are allowed to be left blank )probably a result of an unaware notary. It may be prudent to break the 40 acre claim into two 20 acre claims with each of us as a single locator.........cheaper way to address the BLM issue....with an amended location. I'll have to check into that scenario. Otherwise allowing the claim to become open and refiling seems a method.

    I am not sure what happens when a person dies, has no will, and basically is so poor there is nothing but neighbors who will steal anything of value left in his rented old single wide mobile home.

    This is an interesting thread topic.

    Bejay

  7. #22
    Make America Great Again

    Apr 2013
    Oregon
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    Quote Originally Posted by Dig em all View Post
    Can you sell dirt in bags from your claims ?
    You can make up bags of paydirt, or concentrates with gold in them,
    you can Not sell common materials such as sand, gravel, dirt or stone.

    other people still can't take sub-surface materials from a persons claim, not
    without use permit or lease from BLM or FS and even then they would have
    to coordinate with the claim owner and follow a set of guidelines, like say your
    claim also has a rock quarry, as far as BLM goes, someone using materials from your claim
    could lead to the miner saying, I haven't checked those for valuable minerals yet.

    Don't really know enough about the situation, you could cherry pick what you want to hear
    or give us a more complete story to get a more accurate response.
    Last edited by winners58; Mar 13, 2018 at 07:26 PM.
    Clay Diggins and Goldwasher like this.
    " A pessimist is an optimist with experience "

  8. #23
    us
    May 2009
    Sailor Flat, Ca.
    SDC2300, Gold Bug 2 Burlap, fish oil, ACME handbook for TRUE prospectors (unread)
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    Quote Originally Posted by winners58 View Post
    You can make up bags of paydirt, or concentrates with gold in them,
    you can Not sell common materials such as sand, gravel, dirt or stone.

    other people still can't take sub-surface materials from a persons claim, not
    without use permit or lease from BLM or FS and even then they would have
    to coordinate with the claim owner and follow a set of guidelines, like say your
    claim also has a rock quarry, as far as BLM goes, someone using materials from your claim
    could lead to the miner saying, I haven't checked those for valuable minerals yet.

    Don't really know enough about the situation, you could cherry pick what you want to hear
    or give us a more complete story to get a more accurate response.

    yea I figured he meant paydirt
    winners58 likes this.

  9. #24
    us
    Nov 2009
    135
    7 times
    well...my dad aleways said.."Gold is where you find it" so who is to say there is no flour

  10. #25
    Charter Member
    us
    Look at the Historical Gold Mining photo albums on my page

    Jan 2013
    Huntington, Or./ Stanton, AZ/ former Outlaw California Gold Dredger
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    Quote Originally Posted by Goldwasher View Post
    I always enjoy reading all the work arounds...vs. the easier proper way to do things.
    There was no easy workaround in my case. My partner was Wally Koz, if you were on the 49erMike site in 2006 then you know the story. He died a few hours after calling me and asking me to take care of things here in CA and his wife in AZ... Motorhome, property, dredges, claim, wife was broke, and they had left a freezer full of meat in the motorhome a year before with no power... Not a good memory... I bought her out on the claim, gave her more to keep her above board and did my best for her, already had power of attorney for her, then she went and burned to death in her house. A few days later, even though the paperwork arrived, because she was now dead, no more power of attorney because she was dead. Then Wally's brother calls claiming everything belongs to him, I call Zooka and we set him straight, so he put us in contact with the next of kin... It was the WORST year of my life and I would never wish it on anyone. I was to broken to deal with it, I'd called the Sheriff on my wife, they wanted to put her in prison for child molestation, she was setting up our daughter to be raped by a 47year old registered sex offender, and now she was sleeping in my son's bed and he and I had an agreement that he would not go up to his room if she was up there... So at the same time, I got divorced, took custody of the kids becoming a single parent... And according to cps, who had seen this countless times now, they said she would walk away and never even call the kids... so it just got worse, and worse, then her new church accused me of being a wife beater because she couldn't tell them the truth, that I had called the cops on her... Talk about broken... That year and the next 5 sucked, so I stopped her church in their tracks, one man against a church... Lol I made it!

    Last edited by Reed Lukens; Mar 14, 2018 at 09:06 AM.

 

 
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