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Questions Answered by Aimee Hess
2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: We need help knowing if we own mineral rights to property that we inherited recently. We are in the process of selling

I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way... View More

Aimee Hess
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Aimee Hess
answered on Dec 18, 2021

Whether or not you own the mineral rights depends not just on the language of your mother's deed, but by the history of the mineral ownership as shown in the county deed records. The only way to determine if your mother received mineral rights when she bought the property is to have a mineral... View More

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1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: What mineral rights /circumstances do I need to hold to prevent someone from drilling on my land, practically speaking?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

Aimee Hess
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Aimee Hess
answered on Jul 13, 2021

Generally speaking, in Texas each undivided mineral owner has the right to have their share of the minerals produced, even in the absence of consent from other undivided owners. In some cases, the Texas Railroad Commission requires a certain percentage of the mineral owners to be leased. In... View More

2 Answers | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: My niece was in my grandma's will 30 yrs ago to receive oil lease. It was not probated. Is the will valid? Can contested

This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?

Aimee Hess
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Aimee Hess
answered on Jul 5, 2021

First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... View More

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1 Answer | Asked in Energy, Oil and Gas and Small Claims for Texas on
Q: Can I sue my solar company for misleading sales tactics in Texas?

About 3 months ago, I was provided a presentation on some solar panels. There were several key points in the presentation that convinced me that this was the company to go solar with. The first year of payments was on the company, which they came through on with a check. The biggest reason was why... View More

Aimee Hess
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Aimee Hess
answered on Feb 27, 2021

The solar panel company may have violated the Texas Deceptive Trade Practices/Consumer Protection Act because of their representations to you. You may want to contact an attorney near you to review your claim in detail and contact the company on your behalf to negotiate an adjustment to the... View More

2 Answers | Asked in Energy, Oil and Gas, Land Use & Zoning and Real Estate Law for Texas on
Q: Is it legal that a company sell land without telling the buyer that an existing oil and gas lease exist
Aimee Hess
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Aimee Hess
answered on Dec 11, 2020

The answer to this question is maybe. It depends on additional facts that are not included in the question. For example, did the purchase take place in a title company and did the title company provide a title commitment and title policy that listed the oil and gas lease in Schedule B? Did the... View More

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1 Answer | Asked in Civil Litigation for Texas on
Q: Hello I have a question if someone is available to help...

My aunt is being sued by a company about an account that wasn't hers. I did research and found her brother opened the account and pulled the money from the account because she shares an account with my grandmother. She's a caretaker and might not be able to make the court date. What would... View More

Aimee Hess
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Aimee Hess
answered on Nov 8, 2020

If you miss a court date you risk getting court orders or even a judgment entered against you. You really need an attorney to represent you and present your defenses to the court.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is a person that is leasing land from the owner alowed to press charges on a person or does it have to be the owner

Charge is taking wildlife without owners consent

Aimee Hess
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Aimee Hess
answered on Nov 8, 2020

If you are in legal possession of property under a lease, then you have the right to pursue charges against a trespasser.

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2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: How do I begin fighting a law suit over mineral rights for which I'm a long lost relative of the owner in TX?

Myself and several relatives who are the long lost heirs of mineral rights to some property in Texas. We are now being sued over that property. I have no idea how to begin going about dealing with this issue.

Aimee Hess
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Aimee Hess
answered on Oct 26, 2020

It is essential that you retain an attorney to represent you. There are some things you can handle yourself, but litigation is definitely not one of them. Justia has a good search engine (Find A Lawyer) that will assist you in finding a civil litigation attorney in or near the county where this... View More

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1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: My Father was contacted by East Texas land and Cattle out of Texas about a month ago regarding suspense account money..

Suspense account is for unclaimed oil money/mineral rights is in a deceased aunts name, dead since 1988. He said that my Dad and his siblings are heirs and he just sent my dad a consulting agreement that says Dad will pay this company 10% of the gross money recovered. There is a section called... View More

Aimee Hess
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Aimee Hess
answered on Aug 7, 2020

You do not give the name of the company, but you are right to be wary of these come-ons. All the companies making these offers that I have run into are scams. You don't need to pay anyone to locate your aunt's mineral interests and get paid. First, go to the Texas Comptroller Website and... View More

2 Answers | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: Someone contacted my Father and his siblings saying that there is a suspense account in the name of a deceased aunt

He said it was regarding royalties to mineral rights on land his grandfather owned with his siblings. Its ringing as a scam to me but there has to be some measure of truth to it im assuming since he seemed to have alot of personal information. How can I verify if this is legitimate? Especially if... View More

Aimee Hess
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Aimee Hess
answered on Jul 17, 2020

Yes, these are often scams. Often, the caller will offer to "help" you by purchasing the mineral interests for a fraction of their actual worth. Tell your father to ask the caller for the name of the oil company that has has these suspensed funds and then call the oil company and ask them... View More

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1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: The beginning of May 2020 Van Tx hired a contractor to do was work in our backyard and they had hit a oil pipeline.

and a salt water line and it got in my garden and they are not making that right with me. Than last Friday 05/29/2020 Crossfire pipeline contractor came out to spread dirty and my back yard and they damaged our hard top that goes to our 1994 jeep wragner and they said they are not at fault I have... View More

Aimee Hess
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Aimee Hess
answered on Jun 8, 2020

One important thing is to document the damages with photos, which it sounds like you are doing. Next, get written estimates for repairs. Finally, send the city a certified letter with copies of the photos and repair estimates and request reimbursement. You should copy the city council person who... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Executor failed to include mineral rights in probate on Oklahoma county. I have copies showing he retained the mineral

Do I need to transfer to my name or us a copy of the land deed showing the retained mineral rights ok

Aimee Hess
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Aimee Hess
answered on Jan 10, 2020

I am only licensed in Texas, but I suspect Oklahoma law may be similar to Texas law in this situation. If the executor of an estate has not included the mineral rights in a deed from the estate to the beneficiaries, and this violates the terms of the will, you need to seek legal assistance... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Is it legal for an oil company to take your entire revenue check (which is our sole income) with no warning?

Two years ago we, as royalty owners with Pioneer Natural Resources, sold a percent of our mineral interest in Upton County to OneMap Mineral Services LLC. All Division Orders were signed by all parties and money exchanged hands. But apparently Pioneer dropped the ball and mishandled some of the... View More

Aimee Hess
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Aimee Hess
answered on Dec 9, 2019

This is certainly an unfortunate situation. Whether or not Pioneer is allowed to withhold all royalty due to you depends on the language of the most recent division order for these royalties that you signed, as well as the terms of the oil and gas lease that you or your predecessor in interest... View More

2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: I am a creditor in an Chapter 11 Bankruptcy case . I inherited land which produces / pumps oil. This land was inherited

My question is. Can the Oil Company get out of paying my family it's Royalties?? There's millions owed to us. We are unsecured creditors. How can we become a ""Priority" in this case? Help... Court has been through a 3x's Arbitration(?) Final Hearing is set for Sept... View More

Aimee Hess
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Aimee Hess
answered on Aug 23, 2019

In most cases, an oil company in bankruptcy must pay current royalties to its mineral owners with whom it has active oil and gas leases. Past royalties are often treated as claims against the bankruptcy estate. Whether the claim is secured or unsecured, or priority or nonpriority, depends on the... View More

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1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: I own mineral rights in West Texas we least are mineral rights to oxy oil 2017 we still have not received any royalties

They started production in 2017

Aimee Hess
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Aimee Hess
answered on Jan 24, 2019

First, you will need to be sure that the production is actually production from your mineral interests. Your lease may have been limited to certain depths and so the fact that there is a well in your area or even on your land that is producing is not necessarily determinative. Secondly, if your... View More

1 Answer | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: A oil company has broken the contract that we all signed. how can i get them to hold up to the agreement?
Aimee Hess
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Aimee Hess
answered on Jan 2, 2019

If an oil company has violated its agreement with you, it is possible that you can get a court order requiring them to fulfill their obligations under the contract. They may also be liable to you for damages. You will first need to have an oil and gas attorney review the contract and the facts that... View More

1 Answer | Asked in Gov & Administrative Law for New Jersey on
Q: My water service is not listed as regulated by the BPU. I am in the tears and they want 65% ($2000) by Monday or they

Are gonna shut my water off. I tried to tell them I don't have $2000 and offered the standard 25% by Monday plus a monthly payment to catch up and they said no. What can I do?

Aimee Hess
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Aimee Hess
answered on Oct 15, 2018

I'm not sure what the BPU is. In Texas, if it is a rural water company, ask to see a copy of the company's tariff. The tariff will set out how they handle payments of deficiencies. If you disagree with the procedure, you can file a complaint with the Texas Commission on Environmental... View More

1 Answer | Asked in Energy, Oil and Gas and Environmental for Texas on
Q: I am pretty sure a nearby company is polluting my well water. What are my next steps?
Aimee Hess
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Aimee Hess
answered on Oct 15, 2018

This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to... View More

2 Answers | Asked in Environmental, Personal Injury and Products Liability for Texas on
Q: How can I prove that my dad's cancer was caused by toxic waste dumps from a nearby oil factory?
Aimee Hess
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Aimee Hess
answered on Sep 23, 2018

You will need to contact an attorney who specializes in personal injury. They will retain a medical and other experts to investigate the causal connection between the waste and your father's cancer.

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1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: My father is a fisherman affected by the BP oil spill. He doesn't speak almost any English (he's from Vietnam) but a BP

attorney got him to sign away his settlement rights. Is there a way to fight this?

Aimee Hess
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Aimee Hess
answered on Sep 4, 2018

It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all... View More

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