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My wife passed away intestate in California, and a probate was filed there, along with an ancillary probate in Texas. There is uncertainty regarding the life estate and deed recording. Mineral rights royalties from an oil and gas company have been set up with my name and three children from my... View More 
answered on Apr 27, 2025
Yes, you'll likely end up wanting an estates lawyer to review your documents and to advise you. However, if it were me, I'd reach out to a landman first. This may help you get even better results, faster, at a lower cost. Then, after a landman weighs in, then you can get an attorney to... View More
My wife passed away intestate in California, and I was appointed by the probate court as the administrator. She had three children from a previous marriage, and we have a son with a disability whom she adopted. She owned mineral rights in Texas, and we are undergoing ancillary probate there. Under... View More
I received a memorandum of an oil and gas lease for Winkler County, Texas, covering sections 23 to 32, Block 74, totaling 3200 acres. The lease terms are for 3 years with 2 optional years, offering a 1/4 royalty interest and a lease bonus of $100 at a flat rate (0.04166667 nma). I'm learning... View More
I have a royalty agreement with an oil and gas company in Texas. The company withheld royalty funds for 10 months without notifying me or providing any explanation. Despite multiple attempts to resolve the issue, the company has been unresponsive. They later sent an email with an Excel file... View More
I applied for an EIN using Form SS-4 to set up a Revocable Trust for my minor, disabled son, and received the EIN. I then filled out a W-9 form as requested by an oil and gas company in Texas, indicating the trust's name and EIN, and signed as the trustee. However, the company rejected the... View More
In 2022, I secured a mortgage loan with a lender using a special warranty deed and relied on oil and gas royalty payments to cover my loan payments. That year, the oil and gas company stopped my royalty payments, claiming a presumed overpayment from a previous company. This overpayment issue was... 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 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 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.
Lease is in state of Utah.
answered on Feb 13, 2025
You could probably simply pay them back the overpayment in full, and they will resume your correct monthly payments.
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