Locate a claim when Sept deadline is missed

[winners58]

I want to locate a claim as the previous owner passed away in May of this year
No small miner waver was filed this year but it still says “Active” in the registry page.
The small miner certificate was filed in 2013 for 2014, do I have to wait until it says void?
or inactive. should I locate it now so someone else doesn’t get it,
there is one guy that gets any claim that comes open then sells them.
I don’t begrudge someone making a living but I really want a claim on this stream.
maybe I could put in the location notice with the county recorder now then file with BLM after the first of the year?
any advice would be appreciated.

 

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[Hoser John]

Claim rights(usuary) are real property and as such are inheritable and taxed in many places. They can just pay the rental fee(insipid) and retain for the heir. Amendment required by his kin with death cert and POA to change name. Even after the first ,due to death,they can still claim rights if paperwork not done properly. Extremely convaluted situation. All my claims are in a trust so even upon death they are still legal. More leg work needed to ascertain families needs,wants and desires. Respect a dead miner ALWAYS -John

 

[winners58]

Thanks for your reply. I would certainly want my claims to be passed down to my family.
I don’t want to do anything inappropriate, did a google search of the name on the claim after I noticed
there was no filing or payment in September found one newspaper with that name in the next state over.
I think I should file on it, just so it’s not lost to someone that’s only going to sell it.
If it turns out the family has an interest in keeping it that’s fine.
I don’t know what other research I can do at this point. I don’t know?

 

[prospect007]

check with the county to see if the papers were filed there, if no then the claim is void. check with the blm state office again to make sure the claim was not paid on, ($155 assessment fee, intent to hold, ect...) it sounds like it is a voided claim. if you want it, go get it. to have a valid claim it has to be filed with the county and the blm (or forest service).

 

[Underburden]

I'm hoping you don't expect BLM to update their files that soon.
I don't advocate overfiling but if you want to gamble $200, knowing that it may be in vein, file on it and then check for an update sometime around April...takes BLM that long around here.

 

[Bonaro]

File a notice of location with the county on December 2 or 3. You have 30 days to refile with the BLM. The claim actually becomes void after the assessment is unpaid on Dec 31.
On January 2 file a new claim with the BLM IF the old claim is still in an unpaid and lapsed state. Let things ride until march or so and if nothing changes you are done.
If the family pays late you are still the rightful owner and it will become a civil matter as the BLM will take not stance on determination of ownership.

I agree 100% with Hoser that you should absolutely respect dead miners. However, if the claim is lapsed it is wide open ground, someone is going to claim it and might as well be you rather than the claim flipper.
If the family approaches you later then you can work something out that is agreeable to all about their use of your claim. Most likely the family could not care less about mining but is only interested in the value of the claim in US dollars.

This is not underhanded. If you default in your house payment, you forfeit the house and the bank takes immediate possession then someone else buys it. It's unfortunate but that's the way it is. If this guy had a will then his attorney will have already dealt with this.