Wisconsin Stipulation of Ownership of Mineral Interest of Mineral Ownership in Specific Lands

State:
Multi-State
Control #:
US-OG-623
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the parties each own undivided interests in the mineral estate in the following lands, and a question has arisen among the parties as to each of their undivided interest in the mineral estate in the Lands. In this form, the parties declare, stipulate, acknowledge, and establish of record each of their ownership interest in the mineral estate in the lands.

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FAQ

In six states (Louisiana, Michigan, North Carolina, Ohio, Texas, and Wisconsin), sellers are required to disclose mineral rights separation; Florida and Colorado are currently considering legislation requiring disclosure. If you're in any other state, however, a little detective work is required.

When mineral rights are inherited, the value basis is not what the previous owner bought the land for- it is the value at the time of the inheritance. The value of the inherited mineral rights should be reassessed at the time of inheritance to reflect current market value.

Minerals include gold, silver, coal, oil, and gas. If you want to transfer the rights to these minerals to another party, you can do so in a variety of ways: by deed, will, or lease. Before you transfer mineral rights, you should confirm that you own the rights that you seek to transfer.

The most common way is through a will or estate plan. When the mineral rights owner dies, their heirs will become the new owners. Another way to transfer mineral rights is through a lease. If the mineral rights are leased to a third party, the new owner will need approval from the current lessee to claim them.

Whether mineral rights transfer with the property depends on the estate type. If it's a severed estate, surface rights and mineral rights are separate and do not transfer together. However, if it's a unified estate, the land and the mineral rights can be conveyed with the property.

After a death, assets like mineral rights often go through probate, which is a legal process to authenticate a will and distribute assets ing to it. If no will exists, probate helps determine how assets should be divided.

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Wisconsin Stipulation of Ownership of Mineral Interest of Mineral Ownership in Specific Lands