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There is a 40 acre placer mining claim with two owners and i have been friends with both, sadly one passed away.

Neither were married and the one that passed had no kids. The surviving partner wants to put me on the claim with him.

I think with the 20 acre per person he needs another person back on the claim with him.

So the question is does the surviving partner have the power to quick claim me on the mining claim.

or does he need to do a newspaper posting in local paper for 3 months to give notice to clear it up that way.

Thanks

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What was said in the will or trust of the partner who passed? Was the estate probated?

 

If nothing was said then the 'next of kin' (nearest relative) of the one who passed would be entitled to his partnership portion. They could quit claim it to you.

 

If they are not locatable then you should contact BLM and ask them what others have done in similar cases. (This would be free advice and that would be what it is worth.) Next go to an attorney and for just a few hundred bucks they will get you on it legally.

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Dan,

 

I'd be real cautious about getting advice from the BLM. They could not quote me the correct price to file a 40 acre claim when I called. There is supervisor that can answer more difficultult questions, but I have only managed to speak to her once, out of three times I've tried.

 

I would file a new claim with the same name on 1 Sep. Only thing that would change that for me is if I earned significant income from the claim then I would go the lawyer route, but I would expect to have to buy from the nearest relative. Few claims are worth the ebay prices,, but I'd expect someone without mining experience to start out with a price that high.

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My thoughts....

 

With no heirs, I think the remaining claim owner owns it all. The new owner should not really need anyone else on the claim as it was an "association" claim.

He could certainly grant you half interest in the claim.

As the remaining claim owner, I would notify BLM of the other claim owners death.

 

Again, my thoughts only.

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Mining Claims are property just like houses and cars. When someone dies the property goes to whoever the person left it to in their will. Unless that person is another claimant the members of the claim association have no right to that portion of the claim ownership.

 

If there is no will the State determines who inherits. Closest blood kin come first. Fellow mining claimants aren't going to be inheriting anything under state laws.

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Clay, are you saying a distant relative of the deceased could suddenly become your new claim partner?

 

I could see that if each had a declared one-half interest.

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Yes that is exactly what I'm saying.

 

If you own a business your partners don't get your share when you die unless that's in the will. Mining claims are no different than a business partnership.

 

Property is property in the eyes of the law. It doesn't matter if it's a house a car or a mining claim we all can choose what happens to the things we own when we die.

 

If a mining claimant wishes to leave his interest in a claim to his mining partners they can do so by writing it into their will. If they want to leave it to their niece or their dog or their neighbor same deal. If they don't make a will the State will distribute their property according to the laws of succession (inheritance).

 

If that's a problem for you make sure your partners all agree to modify their wills to please you. :rolleyes:

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And just to throw a wrench into the works, if you let the claim expire thinking that you'll just re-file afterwards, you need to make sure someone hasn't filed over the top of you. There are some claims that many parties believe to be theirs and BLM will let many people file on the same ground saying its not BLM job to adjudicate but instead the county recorder + court. BLM is happy to take money but true ownership date is established at county level. It's a real bucket of stinky stuff at times!

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And just to throw a wrench into the works, if you let the claim expire thinking that you'll just re-file afterwards, you need to make sure someone hasn't filed over the top of you. There are some claims that many parties believe to be theirs and BLM will let many people file on the same ground saying its not BLM job to adjudicate but instead the county recorder + court. BLM is happy to take money but true ownership date is established at county level. It's a real bucket of stinky stuff at times!

 

That's a common misunderstanding Azavsfan. A claim made over another prior claim is never valid even though the earlier claim is eventually closed. There is no law that makes an overclaim valid ever. Waiting in line for your overclaim to become valid is a waste of money and time.

 

The Supreme Court dealt with this same question in 1885 in the case of Richmond Mining v Rose. No court will decide for an overclaim since that case.

 

The ownership of the claim is established when it is located on the ground, not when it is recorded at the county. Lot's of law and Supreme court cases that say just that. Location date is the date the monument is staked.

 

This stuff gets pretty complex and "stinky" as you pointed out, just keep in mind there are no "shortcuts" to a valid claim.

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I'm just relaying what local BLM has told us. There is a guy from California that likes to file with our county recorder every 75-89 days but never files w BLM. The theory being that it is cheaper to pay the county $10 for a recording fee that establishes date of claim in case someone else actually files with BLM he then can pay BLM and say that his was recorded with county earlier instead of paying the high claim fee. BLM states he has 90 days to file with them after staking. BLM has further told us that if there are no markers with paperwork then it's not valid but only the court can decide who was first and BLM will take money from anyone and in some cases claims are double and triple stacked. We just went thru some of this with local (Yuma) BLM and even had to go to Phoenix office for pertinent doc's and info. The system can be played and even the rule enforcers aren't always up to snuff.

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I can't speak to your area, but in Maricopa AZ or Yavapai AZ, most corners have at least one claim marker, some four, some even more than four. These markers have been put out since PVC has been used for pipes, so once put there, the will stay there for hundreds of years. Nearly all these corner markers have no labels.

 

My point is even when someone files a paper claim, more than likely even though he may have not set foot in the claim.

 

The monument, or place the place filed, will usually be one of the corners, but doesn’t have to be. If you’ve ever gone geo-cacheing, finding a monument is much harder than locating a box with a GPS coord. I try to find these monuments when trying to stake a claim, but even in AZ, locating a monument for a claim that has been filed with the county with paperwork can be next to impossible unless its located on the corner. 20 acres is more than twenty football fields and canbe like finding a needle in a haystack.

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It's crazy how many markers are just left there from previous claim owners and some newer ones folks have put up but never filed paperwork just to scare off people. In researching claims around here I've found county paperwork where some say the corner marker is "USGS brass cap of" so and so township and range. BLM did verbally tell me that like the book says, the USGS brass cap is not a valid marker and an argument can be made that without valid markers a claim is not valid. There is plenty of open ground down here but he told me if confronted by a purported claim owner, politely ask them to show you their markers and paperwork, provided they are reasonable folk.

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