Mineral rights and estate law

West Virginia Mineral Rights
1

I'M WONDERING IF ANYONE CAN HELP WITH A QUESTION REGARDING HOW MINERAL RIGHTS INHERITANCE WORKS IN THIS SITUATION. MY MOTHER PASSED AWAY IN 1986. MY FATHER

REMARRIED AND WENT ON TO DIE IN 1997 WITHOUT A WILL. HIS SECOND WIFE REMARRIED WITHIN THE YEAR. DOES SHE STILL RETAIN 1/2 OF HIS MINERAL RIGHTS AND MY SISTER AND I ONLY GET 1/4 EACH. THIS WOMAN HAS BEEN MARRIED 4 TIMES. IT JUST DOES NOT SEEMRIGHT THAT SHE IS WALKING AWAY FROM EACH MARRIAGE WITH ALL OF THE CHILDRENS INHERITANCE.

SD

2

I know that our families rights can not be further separated.

3

Who owned the mineral rights before your mother died? Did she have a will? That could make a difference. If all your father's at your mother's death, and with his not having a will, I think the second wife would be entitled to 1/2 of his rights. Fair or not (doesn't seem fair I agree).

http://www.legis.state.wv.us/WVcode/code.cfm?chap=42&art=1

A good reason to have a will.