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Energy, Oil and Gas Questions & Answers
Q: Would it be acceptable for us to record a "Memorandum of Option To Exercise Oil, Gas, & Mineral Lease?" Thanks!
Aimee Hess' answer
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 be in violation of the option agreement by filing the memorandum.
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 be in violation of the option agreement by filing the memorandum.
Q: Is it necessary to sign a W-9 form in order to transfer royalty from my deceased grand father's account?
Aimee Hess' answer
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.
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.
Q: Are there any guidelines for recording an "Option To Exercise Oil, Gas, and Mineral Lease" in the state of Texas?
Aimee Hess' answer
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.
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.
Q: Is it legal to put a wind turbine on the roof of a house?
Aimee Hess' answer
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 that could restrict or regulate this installation. Secondly, your attorney would need to determine if there are any restrictive covenants for your neighborhood that may prohibit or regulate a wind...
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 that could restrict or regulate this installation. Secondly, your attorney would need to determine if there are any restrictive covenants for your neighborhood that may prohibit or regulate a wind...
Q: I'm Not getting overtime paid right
1 Answer
| Asked
in
Employment Law, Business Law, Civil Rights and Energy, Oil and Gas
for
Pennsylvania
on
Answered on Jul 24, 2018
Answered on Jul 24, 2018
Peter Munsing's answer
not knowing your overtime rate it's hard to tell what your figures are but the wage hour division of the US Department of Labor would have information on filing a complaint.
Suggest if you haven't already save your check stubs as those should show the hours you worked each week which would give you overtime hours.
You want to check to be sure they have your hours correctly, too!
good luck
not knowing your overtime rate it's hard to tell what your figures are but the wage hour division of the US Department of Labor would have information on filing a complaint.
Suggest if you haven't already save your check stubs as those should show the hours you worked each week which would give you overtime hours.
You want to check to be sure they have your hours correctly, too!
good luck
Q: If a person dies intestate in one state, has investment in another, which state determines intestate heir distribution?
2 Answers
| Asked
in
Estate Planning, Family Law, Energy, Oil and Gas and Probate
for
Tennessee
on
Answered on Jul 23, 2018
Answered on Jul 23, 2018
Leonard Robert Grefseng's answer
The law of the state where the deceased resided at the time of death controls. Residency is a matter of intent: for example- If I have a vacation home in Hawaii, I might stay there most of the time, but I could maintain my legal residence in Tennessee, and Tennessee law controls who would inherit from me.
The law of the state where the deceased resided at the time of death controls. Residency is a matter of intent: for example- If I have a vacation home in Hawaii, I might stay there most of the time, but I could maintain my legal residence in Tennessee, and Tennessee law controls who would inherit from me.
Q: Can a utility company put ALL responsibility on homeowner in case of damage to a shallow buried gas line?
2 Answers
| Asked
in
Business Law, Energy, Oil and Gas and Consumer Law
for
California
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Thomas A. Grossman's answer
I don't know that an Oklahoma Supreme Court decision will help you any in your case, as it is in a different sate, and judges can go one way or another. If there has been no lawsuit filed, you can probably go to your local small claims court and file your own small claims case against So Cal. If you win, they can appeal to superior court. If you lose, you cannot appeal.
I don't know that an Oklahoma Supreme Court decision will help you any in your case, as it is in a different sate, and judges can go one way or another. If there has been no lawsuit filed, you can probably go to your local small claims court and file your own small claims case against So Cal. If you win, they can appeal to superior court. If you lose, you cannot appeal.
Q: Who do I need to get a hold of? I live in California's poorest county. The town I live in has only 1 service station.
2 Answers
| Asked
in
Consumer Law, Business Law and Energy, Oil and Gas
for
California
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
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' answer
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 gas attorney review these and other factors with you to determine if your father can assert a claim for damages. Be aware that there are statutes of limitations that prohibit bringing a claim after a...
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 gas attorney review these and other factors with you to determine if your father can assert a claim for damages. Be aware that there are statutes of limitations that prohibit bringing a claim after a...
Q: Our mother made a deal leasing her rights, but she has early stage dementia, can we contest this?
Aimee Hess' answer
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 understand what she signed.
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 understand what she signed.
Q: Can a bankruptcy court go back and tell a corporation they have to compensate smaller stockholders
1 Answer
| Asked
in
Bankruptcy, Admiralty / Maritime, Energy, Oil and Gas and Mergers & Acquisitions
for
Florida
on
Answered on Jul 6, 2018
Answered on Jul 6, 2018
Timothy Denison's answer
The court has the power to consider such repayment as you ask, but it is highly unlikely they would exercise it based on the above.
The court has the power to consider such repayment as you ask, but it is highly unlikely they would exercise it based on the above.
Q: How can I find a civil rights pro Bono attorney when municipal and district are my enemy and I'm indigent?
1 Answer
| Asked
in
Bankruptcy, Foreclosure, Civil Rights and Energy, Oil and Gas
for
Washington
on
Answered on Jun 29, 2018
Answered on Jun 29, 2018
Q: Can the petitioner cancel his visa petition for his wife even if she already did the interview and the visa was approve
1 Answer
| Asked
in
Immigration Law, Business Law and Energy, Oil and Gas
on
Answered on Jun 23, 2018
Answered on Jun 23, 2018
Carl Shusterman's answer
If she has yet to receive an immigrant visa, you can withdraw your visa petition sponsoring her for permanent resident status.
If she has yet to receive an immigrant visa, you can withdraw your visa petition sponsoring her for permanent resident status.
Q: How much should a leese pay leesor for a shut in well per month per acre?
Richard Winblad's answer
If you have a lease that should already be spelled therein. If someone is asking you to sign a lease that amount is negotiable. The producer should also be required to pay the shut-in without requiring the mineral owner to request it. Producers look for a $1 per acre upon request. Mineral owners should request a greater amount. Perhaps $25. Nobody gets rich on shut-in royalties.
If you have a lease that should already be spelled therein. If someone is asking you to sign a lease that amount is negotiable. The producer should also be required to pay the shut-in without requiring the mineral owner to request it. Producers look for a $1 per acre upon request. Mineral owners should request a greater amount. Perhaps $25. Nobody gets rich on shut-in royalties.
Q: Does adverse possession include mineral rights underneath the land's surface?
Aimee Hess' answer
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 mineral rights or an outright deed of the mineral rights to a third party. An oil and gas attorney will need to review documents in the chain of title for the property to determine whether severance...
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 mineral rights or an outright deed of the mineral rights to a third party. An oil and gas attorney will need to review documents in the chain of title for the property to determine whether severance...
Q: Is a surviving spouse entitled if not listed on title and there is no will? Deceased owner have children.
Richard Winblad's answer
If there is no Will, the spouse and children are entitled to inherit under Oklahoma's intestacy statute. The percentages vary if there are step-children.
If there is no Will, the spouse and children are entitled to inherit under Oklahoma's intestacy statute. The percentages vary if there are step-children.
Q: For Mother’s Day we had a cookout, but after starting the grill and while I was cooking it blew up in my face burning me
2 Answers
| Asked
in
Personal Injury, Products Liability and Energy, Oil and Gas
for
West Virginia
on
Answered on May 20, 2018
Answered on May 20, 2018
D. Michael Burke Esq's answer
This can be a very complicated case, and costly, too. What exactly blew up? Did the grill malfunction? Was the grill well maintained? Was it a gas grill--and did the propane tank explode? Did a connection leak?
All of these questions must be answered to determine who was at fault. But the most critical issue in a case of this sort is: how severe were the injuries? was hospitalization required? How much are the medical bills? Will you require plastic surgery?
This can be a very complicated case, and costly, too. What exactly blew up? Did the grill malfunction? Was the grill well maintained? Was it a gas grill--and did the propane tank explode? Did a connection leak?
All of these questions must be answered to determine who was at fault. But the most critical issue in a case of this sort is: how severe were the injuries? was hospitalization required? How much are the medical bills? Will you require plastic surgery?
Q: Do you need to get permission to install wind power on a privately owned farm?
Aimee Hess' answer
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.
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.
Q: How to get a oil well company fix my parents driveway?
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate attorney to assist. Find out if the oil company has an easement to use the driveway. If not, tell them to stop. If so, what does the easement say about repair of damage? Get an estimate for cost of repairs and send that to them by certified mail or FedEx and say if not fixed, parents will sue them. If they don't fix, then sue in small claims court up to $6,000 or up to $15,000 in municipal court.
Use the Find a Lawyer tab to retain a local real estate attorney to assist. Find out if the oil company has an easement to use the driveway. If not, tell them to stop. If so, what does the easement say about repair of damage? Get an estimate for cost of repairs and send that to them by certified mail or FedEx and say if not fixed, parents will sue them. If they don't fix, then sue in small claims court up to $6,000 or up to $15,000 in municipal court.
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
Aimee Hess' answer
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 determine whether the Oklahoma property goes to you or to his daughter under the terms of the settlement agreement.
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 determine whether the Oklahoma property goes to you or to his daughter under the terms of the settlement agreement.
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