Question on Mining Claim Estates

winners58

Bronze Member
Apr 4, 2013
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Oregon
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All Treasure Hunting
the lady me and friends are buying a claim from lost her husband last year
he filed out all the filings on 6 lode claims, after his passing She receives a notice of forfeit because of no
payment or small miners waver, she calls BLM they tell her they are lost, so she refiles on each in Oct.
one of the claims was filed on by others in Sept. it was the one with the main adit with 270' of tunnel.
My question, I think She should have been able to recover these claims, she has been through a lot dealing with
her husband passing and clearing up his estate, the only thing I've found is "Upon the death and settlement of the estate"
the heirs shall notify BLM of new ownership of the mining claims, and
If it's in probate once its settled the heirs will start making the filings,
so wouldn't it make sense she could just say she was overwhelmed taking care of his estate
and be able to apply a retroactive deferral.
I've seen claims closed due to death of the claimant and reinstated 6 months later just this year, glad i didn't file on them. Should be a law to protect widows...
 

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The issue the BLM has is they have to close the mining claim case file if there is no annual filing. They really don't have a choice.

The only exception would be if the claim was actively being worked when it was closed the owners have 30 days to file a new claim. If it wasn't being actively worked or the new claim wasn't recorded by September 30 the claim is going to be closed hardship or not. :crybaby2:
 

The issue the BLM has is they have to close the mining claim case file if there is no annual filing. They really don't have a choice.

The only exception would be if the claim was actively being worked when it was closed the owners have 30 days to file a new claim. If it wasn't being actively worked or the new claim wasn't recorded by September 30 the claim is going to be closed hardship or not. :crybaby2:
would be good to leave a directive before we kick the bucket,
tell our Heirs to file as the "estate of" but file by the deadlines,
then a quit claim transfer after the estate is settled.
 

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