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Questions Answered by Aimee Hess
1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Would it be acceptable for us to record a "Memorandum of Option To Exercise Oil, Gas, & Mineral Lease?" Thanks!

We thought it would be best to get it on record, but wish to keep the terms confidential. What do you think?

Aimee Hess
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Aimee Hess
answered on Aug 9, 2018

Filing a memorandum in the county deed records is certainly used to give notice of an agreement without disclosing the precise terms. However, before you do that, have an oil and gas attorney review the option itself, as well as take a look a Texas court decisions, to make sure you are not going to... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Is it necessary to sign a W-9 form in order to transfer royalty from my deceased grand father's account?
Aimee Hess
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Aimee Hess
answered on Aug 8, 2018

Yes, the oil company is required to get a W-9 so they know how to report royalties to the IRS and also to you at the end of the year on a 1099.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Are there any guidelines for recording an "Option To Exercise Oil, Gas, and Mineral Lease" in the state of Texas?
Aimee Hess
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Aimee Hess
answered on Aug 7, 2018

Texas county clerks required original , notarized signatures on the document and payment of the correct filing fee to file any document in the county deed records.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Is it legal to put a wind turbine on the roof of a house?
Aimee Hess
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Aimee Hess
answered on Aug 5, 2018

Whether or not you can install a wind turbine on your house depends on a number of factors. You will need to have an attorney evaluate your particular circumstances to determine if the law allows it. Generally, your attorney would need to determine what municipal or county ordinances might apply... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Several years ago a petroleum company removed a pump that was partially on my father's land. Can we still seek damage
Aimee Hess
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Aimee Hess
answered on Jul 16, 2018

I assume you are asking whether you can recover damages to the land? Whether or not you can depends on a number of factors, such as how long ago the damage occurred, what kind of damage it is and the terms of any agreements between your father and the oil company. It is important to have an oil and... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Our mother made a deal leasing her rights, but she has early stage dementia, can we contest this?
Aimee Hess
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Aimee Hess
answered on Jul 14, 2018

If your mother's dementia prevented her from understanding what she was signing, it may be possible to void the lease. You will need to seek the assistance of an attorney to evaluate the specifics of her situation and also a written opinion of a physician that she lacks mental capacity to... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Does adverse possession include mineral rights underneath the land's surface?
Aimee Hess
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Aimee Hess
answered on Jun 14, 2018

Adverse possession of the surface can include adverse possession of the mineral rights as long as the mineral rights have not been severed from the surface. Severance of minerals rights from the surface estate can occur in a number of ways, such as a lease of the minerals, a deed which reserves the... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Do you need to get permission to install wind power on a privately owned farm?
Aimee Hess
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Aimee Hess
answered on May 7, 2018

In most cases, yes, you need not only permission to install wind turbines on privately owned property, you must have a written agreement, usually in the form of a lease, which addresses the compensation to the landowner and other important issues.

1 Answer | Asked in Energy, Oil and Gas and Probate for Texas on
Q: My mother had a interest in oil property in Oklahoma that was left to my brother and me. He is deceased. In a settlemet

With his daughter she is to receive any unclaimed property in Texas. I recently discovered unclaimed property in Oklahoma that is not included in the settlement Can I claim it.

Aimee Hess
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Aimee Hess
answered on Apr 10, 2018

The answer is maybe. This is a case where the devil is in the details. The unclaimed property department of each state is separate from one another. However, you will still need to have an attorney review both the settlement agreement and any documents relevant to the Oklahoma oil property to... View More

1 Answer | Asked in Bankruptcy and Energy, Oil and Gas for Texas on
Q: Chapter 11 bankruptcy after the final decree when do the creditor get paid for there proof of claim. This a oil and gas

This would be in reference to mineral interest and working interest disbursements. It is secured priority.

Aimee Hess
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Aimee Hess
answered on Apr 6, 2018

In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Q: If my grandmother's name was forged on a document that cut her out of dividends from land (oil). What can be done?

My great-great-grandfather left his grandchildren land that Shell oil ended up digging and finding oil. My grandmother is one of his grandchildren. One of her first cousins who has since passed forged her and her sisters name on a document cutting them out from dividends from Shell. Her other... View More

Aimee Hess
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Aimee Hess
answered on Mar 12, 2018

Your family's rights depends on what kind of document was signed and how long ago the forgery occurred. I assume the forged document was a deed. In Texas, a forged deed is void and does not pass title. However, there are statutes of limitation in Texas for asserting your rights. What statute... View More

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1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Can my neighbor sell his land to an energy company without my consent?
Aimee Hess
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Aimee Hess
answered on Feb 23, 2018

In many cases, a neighbor can sell his or her land without your consent. Texas laws and the Constitution support the idea that people can buy and sell their property as they please. In some cases, there may be deed restrictions or restrictions in an owner's chain of title that can limit... View More

2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: When does the right to request a re-assignment terminate if the provision allows for them to exercise in perpetuity?

We have assignments of working interest that all include a re-assignment provision allowing the assignor, upon request, to be re-assigned his/her interest in all depths below 100’ below the deepest producing well. As of now, it looks like the deepest well is 10,571’. Our client wants to drill... View More

Aimee Hess
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Aimee Hess
answered on Feb 15, 2018

It sounds like you have a valid concern here. However, in situations like this, the devil is in the details. In other words, an experienced oil and gas attorney would have to review those assignments and discuss the facts with you to be able to advise you appropriately. There may be common-law... View More

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1 Answer | Asked in Federal Crimes and Energy, Oil and Gas for Texas on
Q: Recently found out I was a victim of fraud loosing around $20k.

The US Department of Justice convicted the persons responsible and ordered them to pay back the funds. I know I may get little or nothing back. Is it worth the trouble to file a personal lawsuit or try to put a lien on anything they may own to try and recover the funds?

Aimee Hess
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Aimee Hess
answered on Feb 15, 2018

I am assuming the fraud arises from some kind of oil and gas investment you made. When I am asked about these kinds of cases, the first thing I do is review the documents you were given and that you may have signed and discuss the facts with you in order to determine whether you have a valid claim.... View More

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: I am heir to a 25% mineral interest on 297 acres. They're drilling a well. Do I get 25% of the 25% from leasee?

Plat is for 297 acres. There is one surface owner for 297 acres. I do not have executive right.

Aimee Hess
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Aimee Hess
answered on Feb 15, 2018

To answer this question, an oil and gas attorney will need to do a bit of research. They will need to look at how this interest passed to you, whether through a will or a deed or some other method. They will need to review whether or not you have a lease and whether or not your property is in a... View More

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