Help me understand wording in a Will (Please)

[Huntin Addict]

I need to understand what it means to have rights to a piece of land. For example the land would be in my name but the rights to that land would belong to someone else. What does that mean? Who pays taxes? Who takes care of the place? Who make the decisions on what improvements are made? Does this include the mineral rights? Do mineral rights include gravel?

Thanks for the help!

[daveally]

Personally, I'd be asking a real good lawyer!

[Sparkles]

Yup you need an estate attorney. If I were to guess I would say you get to pay the taxes while the person enjoys the land. Mieral rights maybe something else all together unless that is what the will was referring to as rights.

[bjg]

Sounds like it may be undivided interest between you and others.

[jake03]

For example the land would be in my name but the rights to that land would belong to someone else.

not clear on this part?? need more explanation...what is the exact language in the will? mineral rights and surface rights can be exclusive to one another. you could own the surface and not minerals or the other way around...how many others would own an interest in the property?

[Grayson]

Sending PM

[Huntin Addict]

not clear on this part?? need more explanation...what is the exact language in the will? mineral rights and surface rights can be exclusive to one another. you could own the surface and not minerals or the other way around...how many others would own an interest in the property?

One. From what I understand, one person will own the actual land and the other will have (RIGHTS) to it until he dies. I have no idea what the (RIGHTS) are or what that could include.

[Dru]

It sounds like the will is creating a Life Estate.

[jake03]

It sounds like the will is creating a Life Estate.

x2

the taxes should be paid from the "estate"....i guess it would be up to those involved as to who the responsible party(ies) would be.

[Dru]

One. From what I understand, one person will own the actual land and the other will have (RIGHTS) to it until he dies. I have no idea what the (RIGHTS) are or what that could include.

Yep Life Estate. A person will have the right to free use of the land until they die. They can transfer these rights but when they die the rights return to the remaindeman. You can not sell the land or doing anything that would devalue it. In the case of something like an oil and gas lease you would need the remaindermen to ratify the lease.

[El Coyote]

sounds like to me with a 5th grade law degree that you can have the right to go and do something like hunt, drive around, have livestock there, however that land would be long to someone else.

[Huntin Addict]

Now the remaindermen would be the owner, correct? You mentioned oil and gas, but what about gravel? Right now they are digging gravel on the property and that lease is up in a year or two. If in hte future the individual who has right to the place want to dig more gravel then he or she would need the approval of the remaindermen. Right?

[Huntin Addict]

sounds like to me with a 5th grade law degree that you can have the right to go and do something like hunt, drive around, have livestock there, however that land would be long to someone else.

Well I only went to school until the 2nd grade so I guess that is why I'm asking!

[TexasBob]

I would guess, but wouldn't want to steer you wrong. I think the fee for a real estate attorney's opinion would be money well spent, especially if the land is making money.

[Tmag]

Find a good lawyer. My take is they have the right to live there but can't take minerals or materials from it.