Family land being auctioned off... can I save what's left?

[Catrionna]

My family aquired quite a bit of land over a few generations, starting back in the late 1700's. A portion was inherited by my great grandparents, and was subsequently inherited by my Grandfather and his siblings. A few died childless, so their portion reverted to the remaining siblings (primary heirs). My grandfather died, and he only had one child, my mother, who also has only one child, myself. There are now two siblings/ primary heirs alive, only one of whom is the executor. Both are quite wealthy, and my mother and I are upper-middle class. I mention this only to make a point that there are funds available to pay the taxes. All of the remaining land is in WV.

I recently found out that the land is being sold off, bit by large bit, for back taxes. The executor, who is legeally sane, is simply not paying the taxes, and is aware of what is happening. The other primary heir is also aware, but has turned a blind eye in the name of family harmony. My mother and the other primary heir are letting this happen, as they do not want to 'sue' family. Neither my mother or I can pay the taxes or bid on the land as it is auctioned because we are 'potiential' heirs. I cannot have friends bid on the land, because I'm sure the coal/gas companies could raise the bid to an amount I couldn't afford. This is beautiful land, untouched, with coal and natural gas rights. Over 300 acres, with mineral rights, has so far been sold at auction for less the $20,000 of back taxes. It has been sold to ... I know this will suprise you... coal and gas companies. One tract of over 100 acres was sold for $500, and is now going to be strip mined and ruined. Total tax value of the minerals rights only, for the land sold to date, far exceeds $300,000. This land is going to be ruined forever. I am totally at a loss as to why the executor is doing this, but obviously there are issues I am not aware of. I truly am beginning to believe the executor would rather lose it entirely then have to 'share'. He and his family are very wealthy, so they don't need the money, and my grandfather 'married beneath him'. My grandmother was a good woman. She had an advanced degree in a time when few in WV even graduated highschool, and died nearly penniless as she spent her money helping others and making sure anyone she was close to who wanted to go to college could do so. Apparently, she could never quite make up for the fact that her parents were not as well off as my grandfather's parents. My grandfather's parents loved her, but apparently there was resentment from his siblings. So sad!

I really am not so concerned about the mineral rights as I am opposed to strip mining and just the basic principle that the family land is being sold for back taxes that ANY of us could easily afford to pay. Were it all my land, I would never allow such a thing to occur. I am also not willing to 'sue' family, but I know that my grandfather, his parents, and so on would be utterly dismayed to learn that their beautiful land was being turned into a strip mine. So my question is.... what can I do to protect the remaining land? Is there such a law in WV to account for 'abandoned' land, so that other heirs can claim it and pay the taxes under the grounds that it is abandoned? I feel sure that what has been lost is gone, I could never afford to go up against a large coal or natural gas company, but is there any way I can save what's left without directly taking the executor to court? If it matters, legal notice was made concerning the auctions- in small town newspapers in WV- small towns in which noone of the family have ever lived. Unethical, but most likely legal.

It just breaks my heart.

What is the name of your state (only U.S. law)? The remaining land in in WV.

[anteater]

Upfront, I would say that, if everybody wants family harmony and nobody is willing to legally challenge the executor, then this will likely go on.

In case any other responder has any ideas, let me ask a couple questions since I am not clear on exactly who is who here. Is it right to conclude that the "executor" and "other primary heir" are your mother's uncle(s)/aunt(s)?

Who owns the land right now? And how is title held?

You said that grandfather and his siblings inherited the land and that when "some" of those siblings died without children, "...their portion reverted to the remaining siblings." That almost implies that the land was owned jointly with right of survivorship. Did those siblings not have spouses? Did their wills leave their ownership to the other siblings?

Has probate been opened? Did grandfather have a will nominating the "executor" as executor? If he had a will, does it dispose of his ownership interest in the land? While no law says that a child has to inherit from a parent, it is a bit odd to leave valuable property to siblings rather than a child.

[justalayman]

If the heirs of the estate that owns the land refuse to do anything, there is nothing, I am aware of, that you can do.

Neither my mother or I can pay the taxes or bid on the land as it is auctioned because we are 'potiential' heirs.

why would you say that? Either of you can bid on the land. You are at most, an heir apparent but neither heir apparent or heir are not prevented from bidding in a public auction.

and yes, mom can pay the taxes. She can also push to have the estate probated to finality but it appears she simply does not want to do anything.

the problem is that mom refuses to do anything and as such, leaves you with not being able to do anything

Until somebody has the balls to do something to the guy allowing this to happen, it will simply continue to happen. It's really as simple as that.