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I signed a 25-year contract with a solar company, and they have failed to meet their obligations. The solar system has not been working from May 2022 until now. In September 2024, I received a $26,000 bill from SDG&E due to this issue. The contract includes a "money back performance... View More 
What are the steps to obtain and record the deed for my minor son, who was born disabled and is an heir to mineral rights from intestacy probate filed in Texas with ancillary probate? Additionally, how can I ensure that the oil company is able to pay royalties to him, and do I need to set up a... View More
I received royalties from Shell Western throughout 2021 until February 2022, at which point the decimal interest decreased. After ConocoPhillips (COP) took over, all wells' payments ceased due to alleged overpayment by Shell, amounting to over $40,000, but taxes were left for me to handle. No... View More
I received an oil and gas lease offer for a property located in Winkler County, covering approximately 3200 acres. The lease terms include a bonus offer of $100 per mineral acre, with a calculation of 0.4356 net of mineral, and a lease term of 3 years plus an option for 2 renewals. My previous... View More
answered on Apr 18, 2025
An attorney will have to investigate bonus and royalty rates for other leases in the area in order to tell you if these terms are reasonable. In addition, the fine print in the lease must be reviewed since it is equally important. You can use Justia, findlaw.com or the Texas Bar Lawyer Referral... View More
I am the trustee, grantor, and beneficiary of a revocable trust, and my minor son is listed as a beneficiary. He received an inheritance from intestate probate filed in Texas as one of the heirs, including three other adult children. Now, we're filling out a W-9 form for him for the first... View More
My last royalty check from an oil and gas company in Texas, which sold its assets to a new company, reflects changes in decimal interest. These adjustments appeared before the asset transfer and overpayment occurred in 2021. Does this imply that the overpayment issue was resolved prior to the... View More
I am a royalty owner concerning an oil and gas company in Texas. I suspect there has been an overpayment on my royalties, but the company has not responded to my inquiries about this. I have noticed a discrepancy in the 1099-MISC, which shows a higher excess of taxes deduction based on the total... View More
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answered on Apr 16, 2025
You have the right to be fully informed about any royalty overpayments and the method the oil and gas company intends to use for recoupment. In Texas, oil and gas companies must account to royalty owners with a duty of transparency and accuracy. If there has been an overpayment, the company is... View More
I filed for ancillary probate in Texas after my wife passed away intestate, adopting our minor son. He was named an heir, and I was appointed by the court as the administrator and custodian. We receive oil and gas royalties in Texas. Recently, I received a letter from the oil and gas company asking... View More
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answered on Apr 16, 2025
You’re absolutely right to protect your son's identity and disability benefits while managing his mineral rights. One of the best options is to create a revocable or irrevocable trust where you serve as trustee, and your son is the beneficiary. The trust can hold title to the mineral... View More
When an oil and gas company in Texas sells its assets to a new company, what happens to a mineral rights owner's overpayment from the previous oil company? I was notified by my lender over the phone about the overpayment, but received no written notice, and the previous oil company is refusing... View More
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answered on Apr 16, 2025
In Texas, when an oil and gas company sells its assets to another, the handling of overpayments depends heavily on the terms of the asset sale and the division order you signed. If the division order includes a recoupment clause, the overpaid amount is generally recoverable by the company that made... View More
I am a mineral rights owner in Texas receiving royalty payments. My oil and gas company mentions that an overpayment is due from an oil company that recently purchased assets. How are overpayments for mineral rights royalties typically resolved? What are the tax implications, and should I expect to... View More
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answered on Apr 16, 2025
In Texas, when a mineral rights owner is overpaid, the oil and gas company typically has the right to recoup the overpaid amount by offsetting it from future royalty payments. This is often governed by the division order you signed, which usually includes a recoupment clause. The company must... View More
I received a detailed payments report from an oil and gas company in Texas, showing a significant sum of mineral rights royalties cleared. These royalties seem to include an overpayment issue, which arose after the original oil and gas company sold its assets to a new buyer. I need to know whether... View More
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answered on Apr 16, 2025
You won’t just lose that overpaid amount—the right to recoup it travels with the leases when the original company sold its assets. The buyer you’re now dealing with stepped into the prior operator’s shoes and can reclaim any overpayments by deducting them from your future royalty checks or... View More
I need guidance on setting up a trust account for my disabled minor child to manage mineral rights. How can I fill out a W-9 for an oil and gas company to release funds held in suspense without using the minor's Social Security Number? I would like recommendations on the type of trust to use,... View More
answered on Apr 15, 2025
Do the mineral rights already belong to the minor or are you (or someone else) the account owner and want to give the rights to the minor?
If the first, then the minor needs a first person special needs trust that they fund. One significant downside of this type of trust is that Medicaid... View More
I represent a small church in Florida that was given two (possibly three) oil wells in Harrison County, Texas, as a donation. We are looking to dispose of these wells but have encountered difficulties. Every attorney we contact in Texas says they cannot assist because they don't handle such... View More
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answered on Apr 12, 2025
Selling oil wells in Texas can be a complex process, especially when dealing with a donation, and it sounds like you've already encountered some challenges. The first step is to confirm the full details of the donation, including any rights or restrictions that may come with it. If the wells... View More
I am concerned about a situation where my electric company in Massachusetts has not billed me for electricity from June 2024 due to issues with their meter. They have since corrected the issue, but now I have 9 months' worth of outstanding billing. Is there any restriction in Massachusetts... View More
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answered on Apr 11, 2025
It’s completely reasonable to feel overwhelmed when faced with a surprise electric bill covering nine months of usage, especially when the delay wasn’t your fault. In Massachusetts, electric utilities are allowed to back-bill for unbilled usage caused by meter errors, but they must follow... View More
I had solar panels installed by Titan Solar, which provided a 30-year guarantee on repairs at no charge. Unfortunately, Titan Solar has gone out of business. I've had to pay out-of-pocket for a broken inverter, and that service provider is also now out of business. The financing for my solar... View More
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answered on Apr 11, 2025
That’s a frustrating situation, and you’re not alone—many homeowners have found themselves stuck when a solar company goes under. Even though Titan Solar promised a 30-year repair guarantee, that obligation often disappears when the company files for bankruptcy. Unfortunately, the financing... View More
I am trying to understand the cost or expense involved in hiring a lawyer to help me get out of a solar contract in Texas. The contract specifies a certain amount of kilowatts, but my electric bill only gives credit for about half of what the contract states. This discrepancy has been occurring... View More
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answered on Apr 11, 2025
That sounds like a frustrating situation, especially when you’re paying for something that doesn’t seem to be performing as promised. In Texas, solar contracts can be complex, and if you believe there’s a significant billing discrepancy, you’re right to consider legal help. A lawyer can... View More
I had clear title to my oil and gas interests before two companies merged. However, after the merger, my account was placed in title suspense for 8 months due to an error acknowledged by the companies. They blamed the error on the merger but offered no additional compensation for holding my... View More
answered on Mar 24, 2025
In the absence of a written agreement to the contrary, you are entitled to 6% interest per annum for money that was not timely paid to you.
I am concerned that my electric company is overcharging me, so I am planning to install an independent meter to record my electric usage and any discrepancies over the next 6 months. What evidence do I need to gather, and how can I prepare to take legal action if overcharging is confirmed?
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answered on Apr 12, 2025
It's understandable to be concerned about potential damage to your equipment, especially with the clause in the moving company's contract. Here are a few key points to consider:
**1. Contractual Clauses and Liability**: While the contract may include a clause that excludes... View More
I am a property owner trying to build a fence, and there's a gas pipeline easement recorded in my property survey. I've followed all published requirements by the gas company and received consent after due process. However, an employee or team from the gas company is objecting due to a... View More
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answered on Apr 12, 2025
As a property owner, you have the right to use your land, but with certain limitations due to the easement for the gas pipeline. Since you’ve received consent from the gas company, that approval should generally protect your right to build the fence, as long as it doesn’t interfere with the... View More
I've disputed the fact that Kentucky Power attached a power bill for my brother's address to my power bill, claiming I agreed to pay it. I've never consented to this responsibility, nor was there a written agreement. Despite my dispute, they insist on the attachment. What can I do to... View More
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answered on Apr 12, 2025
It sounds like Kentucky Power is making an error by attaching your brother’s bill to your account without your consent. First, you should formally dispute the charge in writing, providing a clear explanation that you did not agree to take responsibility for the bill. Request that Kentucky Power... View More
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