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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
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... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Probate and Estate Planning for Oklahoma on
Q: What is the process for making the oil company to pay out the royalties owed to our branch of the family?

My great aunt died intestate with oil interests and royalties. She died a widow with no children. She had 3 sisters and one brother. Her estate was resolved and the oil interests and royalties were paid except to one branch of her heirs - her one sister who is my grandmother. My grandmother died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

This is not a question that can be answered or resolved on a free online forum. You will need two Oklahoma attorneys who can help you with this - a probate attorney and an oil and gas attorney. If you would like some recommendations, write to me directly at and I can... Read more »

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1 Answer | Asked in Energy, Oil and Gas for Pennsylvania on
Q: Do I have any rights regarding a utility scale solar farm built in my backyard with no buffer zone?

The DEP approved the drawings and construction has began. It's a 700 acre farm that is fenced at my property line.

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

That is more a matter for your zoning commission. It could be a violation of zoning regulations. A person isn't required to use land in a way that is aesthetically pleasing.

1 Answer | Asked in Car Accidents and Energy, Oil and Gas for Kentucky on
Q: Can a utility company in ky shut off my home power because I owe them for a power pole from a car accident

A year a go in bad weather I hydroplaned my mother in laws car into a power pole on my way to work. Her insurance did not cover the pole. Bow a year later the utility company says if I dont pay $5200 for this utility pole by the end of the month then they are shutting my power off to my house...I... Read more »

Timothy Denison
Timothy Denison answered on Jun 8, 2021

I do not believe they will actually shut the power off. You probably should make arrangements to make monthly payments toward the pole and resolve the issue.

1 Answer | Asked in Energy, Oil and Gas for Florida on
Q: I have a house in Ohio. All the utilities are in my name and all are current. Yesterday they put a tag on the door

That stated if a bill from 2019 in an account in someone else's name wasn't paid they were going to shut power off.

Can they do that

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 29, 2021

Probably. But what does it have to do with Florida law?

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Q: My father died without a will and I want to know what is required to transfer the mineral rights to me and my siblings.

Okla affidavit of heirship requires a 10 yr waiting period, what is another option with a shorter waiting period?

James Tack Jr
James Tack Jr answered on Apr 27, 2021

You need to do a probate of the estate. This is because mineral interests are an interest in real property and to pass marketable title you have to have to probate of the estate. The affidavit of heirship is for severed mineral interests and is a method to obtain marketable title if the affidavit... Read more »

1 Answer | Asked in Criminal Law, Energy, Oil and Gas and Environmental for Texas on
Q: What is the charge for stealing water and tampering with water pipes at your home in Texas?

For 5 months, after tampering with the pipes what would the charge be? (A felony? Misdemeanor?) and how much fine or jail time in Texas?

Also the total amount was less than $600 of water stolen and it was fully paid for before the court date? And the person has no previous jail time or... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. In most jurisdictions, what you describe sounds like things that fall under the general heading of theft of services. Your friend should reach to a criminal defense attorney in the applicable county to discuss more... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: if a utility is in a persons name , in oklahoma, is that the person who is responsible for this bill
Jessica Brown
Jessica Brown answered on Mar 23, 2021

Generally, yes. There are some exceptions to this, but I don't have enough information here to know more.

1 Answer | Asked in Energy, Oil and Gas for Ohio on
Q: Can a person legally cash royalty checks sent by mistake from mineral rights they sold months earlier?
James Tack Jr
James Tack Jr answered on Mar 18, 2021

You need to review your sales contract or mineral deed to determine the effective sate of the transfer. If the revenues are for before the effective date they would belong to you. If after the effective date, they belong to the buyer. If you cash the check and the revenues do not belong to you,... Read more »

1 Answer | Asked in Energy, Oil and Gas for Maryland on
Q: Are all apartment units in Maryland required to be submetered?

I have been getting charged from my utility company for gas when I physically shut off our gas because we don’t use it I’m in a middle apartment with units above and below no need to turn on the heat when I called the utility company about this they said the meter was broken so they charge us... Read more »

Mark Oakley
Mark Oakley answered on Mar 16, 2021

The only requirement is that the lease address how utilities are to be charged and paid, whether by individually metered use or by a collective prorated charge. Look at your lease. If the lease says you should have a separate metered unit, and the meter is broken, the landlord needs to fix the... Read more »

1 Answer | Asked in Energy, Oil and Gas for New York on
Q: Is filling up gas from a truck to a car legal in NY?
Tim Akpinar
Tim Akpinar answered on Mar 11, 2021

You might need to check across several sources of law for that because it could involve regulations for transport, sale, metering, vapor recovery, fire prevention, safety, or other areas. Additionally, the regulations could possibly involve agencies on different levels (federal, state, etc.).... Read more »

1 Answer | Asked in Energy, Oil and Gas for Colorado on
Q: I have a very small working interest in an old well in Logan County CO that I inherited. Over time the income has

Dropped and the operating costs have gone way up. The operator is thinking of packaging this well with some other low producing ones and selling them. Would I receive any proceeds from this sale?

James Tack Jr
James Tack Jr answered on Mar 8, 2021

You would not receive any monies from the operator's sale of its interest. However, If you want to get rid of your interest, you might tell the operator that you are willing to sell your interest along side his. A purchasing operator often times will want as much of the well as he can... Read more »

2 Answers | Asked in Energy, Oil and Gas and Estate Planning for Oklahoma on
Q: My mother passed away with a trust. She put her mineral rights in the trust. The attorney who created her trust has

Passed away as well. The law firm told me that the attorney put the wrong legal description on her mineral rights. Is the law firm responsible for correcting this for me?

James Tack Jr
James Tack Jr answered on Mar 2, 2021

The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you... Read 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... Read more »

Aimee Hess
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... Read more »

1 Answer | Asked in Energy, Oil and Gas for Ohio on
Q: I have oil royalties in CO. New company is requiring a Determination of Heirship for my great grandmother. Can I apply?

Great Grandmother had five children. One son had property in Ohio and Colorado. The families oil royalties come from him in Colorado, however, he provided a portion to her in her lifetime. The family line of inheritance is down the five family lines. I inherited from two aunts, my father's... Read more »

James Tack Jr
James Tack Jr answered on Feb 19, 2021

If the determination of heirship describes your line, it will suffice regardless of who initiates the proceedings, provided it is properly done. Sometimes, depending on the value of the interest, oil companies will take affidavits rather than proceedings to determine heirs. Concerning your... Read more »

1 Answer | Asked in Energy, Oil and Gas, Libel & Slander and Estate Planning for Oklahoma on
Q: How do I find out if a parcel in Oklahoma had restrictive covenant, mineral rights, water and oil or gas rights attached

I am a beneficiary to a trust that possibly had roylity rights to a property to which have been subject to fraud. I am also the beneficiary residing in another State.

James Tack Jr
James Tack Jr answered on Jan 18, 2021

You would need to research the land records covering the land, which are found in the county clerk's office of the county where the lands are located. Oil and gas titles can be very complicated. You could hire an oil and gas attorney or an oil and gas landman to do the search.

1 Answer | Asked in Energy, Oil and Gas, Estate Planning, Land Use & Zoning and Real Estate Law for Louisiana on
Q: I’m Purchasing Real Estate and Seller wants to keep the mineral rights. How many years that they can keep them

What steps must the purchaser take to recover the Mineral Rights from the seller

Nina Whitehurst
Nina Whitehurst answered on Jan 9, 2021

Usually when a seller reserves mineral rights, they reserve them forever. You might think about negotiating a lower price because you will be getting less than you originally expected, or say no to the reservation of mineral rights, or say yes to only a partial reservation.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Do I have mineral rights in okla Don t where to start that whole side has died but me and my sister

Uncle had no children there was no will just told we had it and no idea which county to start or whos last name and first name to use did know the nichols side

James Tack Jr
James Tack Jr answered on Jan 7, 2021

It can be difficult (and expensive) to find minerals if you have no idea which county they are in or how your uncle acquired the interest. If he acquired the minerals, you would start by looking under his name. If he inherited them you would also have to look under the names of the persons from... Read more »

1 Answer | Asked in Energy, Oil and Gas for California on
Q: ran out of gas. i called a tow truck driver to bring gas. instead of putting regular gas he put in dies

since he put diesel it wouldnt start and 8300$ to fix

James Tack Jr
James Tack Jr answered on Dec 28, 2020

This is not an oil and gas or energy question. Re-post it under consumer law.

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
Anthony M. Avery
Anthony M. Avery answered on Dec 11, 2020

Certainly... It happens all the time. The buyer needs to do a title search prior to signing the contract, and certainly prior to paying over the price. If it is a warranty deed, check to see if the lease is listed on the face of the deed as an encumbrance.

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