Mining Claims after Death of Owner

[Dig em all]

What happens to your mining claims when you die?

 

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[kingskid1611]

You leave it to me

 

[winners58]

the estate would file transfer of interest (quit claim deed) at the county recorders
then file the required items with the BLM state office and keep up the yearly filings with the county and BLM
https://www.blm.gov/or/programs/minerals/files/estate.pdf

 

[Bonaro]

the estate would file transfer of interest (quit claim deed) at the county recorders
then file the required items with the BLM state office and keep up the yearly filings with the county and BLM
https://www.blm.gov/or/programs/minerals/files/estate.pdf

OR

The estate doesn't know or doesn't care about the mining claim. It remains a valid claim until December 31 when the owner (now deceased) failed to submit the assessment and the claim is closed

 

[Dig em all]

The claim goes to the Hiers..Yes? thru probate?

 

[HMiller]

I inherited 7 claims from my father-in-law. Just had to send in a copy of the will, copy of death certificate, my I'd (may not have been necessary) and $10 filing fee.

 

[Clay Diggins]

The mineral estate (mining claim) ownership transfers by succession (inheritance) on death unless the claim owner arranged for something else to happen in their will or by contract.

It depends on the State inheritance laws and the size of the estate whether Probate is required.

From the BLM Mining Claims Handbook:

Death of a Claimant

An interest in a mining claim or site is an interest in real property and is treated as such in state probate proceedings when a mining claimant dies.
Upon notification of the death of a claimant, the procedures below should be followed:

a. If probate of the estate has been completed, the following must
be submitted:
(1) A copy of the decree of distribution;
and
(2) A copy of the death certificate.

b. If probate of the estate has not been completed, the following must be submitted:
(1) Evidence of the authority of the executor or administrator to act on behalf of the estate;
and
(2) A copy of the death certificate.

c. When there is no will and/or probate proceedings are not required, the following must be submitted:
(1) A copy of the will, if one exists, or a notarized statement signed by the heirs that they are the only heirs of the deceased;
and
(2) A copy of the death certificate.

If the procedures in Step b above are followed, the ownership record of the affected claims or sites will be changed to
“the estate of --------, in care of [executor or personal representative].”

NOTE: If the claims are located in a community property state and the laws in that state provide that a surviving spouse automatically acquires the deceased party’s possessions and property, a death certificate can suffice to change the records if the surviving spouse is listed on the death certificate.

At the end of the probate proceedings, the new owner(s) of the mining claim or site must file the necessary document(s) with the BLM and
at that time ownership of the affected mining claim or site will be updated accordingly.

If there is no surviving spouse and no will, and there are co-claimants in addition to the deceased claimant, the co-claimants can publish out (see Chapter IV section G) the deceased claimant in order to have the claimant removed from the records.

The full processing fee is required to update the records after a death is reported and the documents are filed.

Heavy Pans

 

[Bejay]

From Clay: "If there is no surviving spouse and no will, and there are co-claimants in addition to the deceased claimant, the co-claimants can publish out (see Chapter IV section G) the deceased claimant in order to have the claimant removed from the records.

The full processing fee is required to update the records after a death is reported and the documents are filed.
Heavy Pans"
-----------------------------------------------------------------------------------------------------------------------------------------------------------------

Here is another twist to the scenario.

Two miners/locators have a 40 acre mining claim held by them. One dies and has given a notarized document saying that at the passing of one gives ownership to the sole partner. But it is not a "quit claim deed". Can the existing claim holder simply add another name to the work maint waiver/ end of year affidavit and continue on; or does all the location docs need to be re-done?...as if you are starting over (kinda costly)

It appears that each locator should sign (notary) a quit claim deed and have it ready should one partner die.....when the time comes.

Bejay

 

[winners58]

It appears that each locator should sign (notary) a quit claim deed and have it ready should one partner die.....when the time comes.

Bejay

Don't all transfers have to be reported to BLM within 60 days,

 

[Bejay]

Don't all transfers have to be reported to BLM within 60 days,

My thinking is you have each locator notary sign a quit claim deed but don't actually date the deed. You then would date & record after death of one.....within the 60 day grace period. Understanding that a notary doc exists supporting that method of transfer.

 

[winners58]

I see, it would go by the date it was recorded with the county clerk? it would be good to have something like this.

 

[Clay Diggins]

The Notary will insist on a current date. They won't notarize without one.

The transaction occurs on the day the quitclaim is assigned, the act of public recording a transfer of property is just a public notice that the event has already occurred.

A quit claim is only one way to transfer an interest in property.

Heavy Pans

 

[Bodfish Mike]

From Clay: "If there is no surviving spouse and no will, and there are co-claimants in addition to the deceased claimant, the co-claimants can publish out (see Chapter IV section G) the deceased claimant in order to have the claimant removed from the records.

The full processing fee is required to update the records after a death is reported and the documents are filed.
Heavy Pans"
-----------------------------------------------------------------------------------------------------------------------------------------------------------------

Here is another twist to the scenario.

Two miners/locators have a 40 acre mining claim held by them. One dies and has given a notarized document saying that at the passing of one gives ownership to the sole partner. But it is not a "quit claim deed". Can the existing claim holder simply add another name to the work maint waiver/ end of year affidavit and continue on; or does all the location docs need to be re-done?...as if you are starting over (kinda costly)

It appears that each locator should sign (notary) a quit claim deed and have it ready should one partner die.....when the time comes.

Bejay

Or here is another twist to the scenario.

Two miners/locators have a 40 acre mining claim held by them one dies but his name
stays on the claim, so now one miner has a 40 acre claim. My point is BLM in not checking

 

[Reed Lukens]

Or here is another twist to the scenario.

Two miners/locators have a 40 acre mining claim held by them one dies but his name
stays on the claim, so now one miner has a 40 acre claim. My point is BLM in not checking

Exactly, when my claim partners died, I left them on there for years, BLM didn't care as long as they got my money. Then I let it go for a few months and refiled on it myself a couple years ago over the summer, to claim the gold-bearing ground that was open and right next to the river, while making the claim smaller being that it's backed by miles of private property that I mine also.

 

[Clay Diggins]

Or here is another twist to the scenario.

Two miners/locators have a 40 acre mining claim held by them one dies but his name
stays on the claim, so now one miner has a 40 acre claim. My point is BLM in not checking

The portion of the claim that belonged to the dead man belongs to his heirs - not to the mining partner, unless there was a will granting the claim to the partner or a contract was made before the partners death.

The BLM is looking, this situation is way more common than you might expect. I see many claims closed each year because of too few claimants. Whether the BLM catches on right away or not doesn't matter. If you don't allow the dead partners heirs to inherit the claim is too large to be held by one claimant. When the BLM does catch on the choice will be to either reduce the claim size or have the claim declared null and void.

Here's the kicker - the claim is considered reduced or null and void as of the time of the partners death. You can't come out ahead of the game unless you allow the heirs to take over the portion of the claim that is their rightful inheritance.

I'm pretty sure in most (all) States withholding an heirs inheritance is considered fraud. Most courts would frown on that sort of behavior but in the end run would consider the claim property to belong to the heir even if they didn't know about the claim.

There really is no end run around this situation. Counting on the BLM not to notice is a fools game. They love finding this stuff, they are not your friend. The courts really hate dummy claimants and it doesn't get much more dummy than being dead. You might as well try collecting on your dead grandmothers Social Security, the stuff that will come down on you when you are found out is way worse than just dealing with the situation.

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

 

[Goldwasher]

I always enjoy reading all the work arounds...vs. the easier proper way to do things.

 

[Dig em all]

Can you sell dirt in bags from your claims ?

 

[Bodfish Mike]

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.

 

[Goldwasher]

Can you sell dirt in bags from your claims ?

yes

 

[Dig em all]

so there is the other issue with trespass if you can sell the dirt then trespassers would be disturbing your claim,?