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1 Answer | Asked in Energy, Oil and Gas and Probate for California on
Q: Does 25% Undivided interest in a 1.03 ac parcel need to go through probate? Also oil & mineral rights that pay $50/yr?

My mother passed 5yrs ago. Everything was left to just me in her trust. I have since found out a property she owns 25% undivided interest of was not in her trust along with some mineral and oil rights. I might be able to submit an Affidavit re Real Property of small value, but how do I know if it... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it seems there are a few key considerations:

1. Probate requirement: In California, assets that were not properly transferred into a living trust before the person's death generally have to go through probate. This would apply to the 25% undivided...
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1 Answer | Asked in Consumer Law, Contracts, Construction Law and Energy, Oil and Gas for Missouri on
Q: Do I owe my electrician money?

I received a quote for whole house rewiring and finishing. It was divided into the rewiring and finishing and then the second line item was for new amp service. He did the new amp service to my knowledge and the rewiring. I paid him 60% of the total bill which I thought was paid in full for the... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

If you received a quote, agreed for him to do the work, and he started doing the work but hasn't finished it, you have a contract even if you do not have a fully integrated written document commemorating of the terms of your agreement.

If you breach the agreement by not allowing him to...
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1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for California on
Q: Can I claim the residual 75% of outstanding shares to the mineral rights I own 25% of?

My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

There are some ways to obtain the title of the land or real property that does not belong to you when the owners are sleeping on their rights. One of them is through Adverse possession.

Adverse possession requires the claimant of the title to...
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2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for California on
Q: Can I claim the residual 75% of outstanding shares to the mineral rights I own 25% of?

My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More

James L. Arrasmith
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answered on Apr 18, 2024

In most jurisdictions, it is not possible to simply claim the outstanding 75% of mineral rights just because the other owners are untraceable or unresponsive. However, there are a few potential options you can explore:

1. Quiet Title Action: You may be able to file a "quiet title"...
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1 Answer | Asked in Personal Injury, Real Estate Law, Civil Rights and Energy, Oil and Gas for Indiana on
Q: Storm knocked down pole meter is on the pole also. REMC came out replaced pole didn't hook up wire from transformer to

Pole told me that I had to fix wire from meter to house get inspected and once I have green tag to call them back so they can finish. Well after 2 tries and $100 later the inspector gave me the green tag. The wire from the meter to the transformer still needed to be fixed and the new meter... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the difficulties you've been facing with getting your electricity restored after the storm damage. Going 4-5 years without power, especially with your mother's medical needs, sounds incredibly challenging and frustrating.

It's unusual that the...
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1 Answer | Asked in Land Use & Zoning and Energy, Oil and Gas for California on
Q: Is Entergy required to compensate landowners for timber they cut to install new power distribution towers?

Our property is a 100 year bald cypress-Tupelo wetland. They want to clear cut 2 acres of timber. The compensation offered by Entergy was a small percentage of total land value with out timber. Entergy is required to purchase Mitigation credits to move there project forward.

James L. Arrasmith
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answered on Apr 4, 2024

Under California law, utility companies like Entergy are generally required to provide just compensation to landowners when they acquire property rights, such as easements, for the installation of power lines and related infrastructure. This includes compensating landowners for any damages to their... View More

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Georgia on
Q: Landlord had water utility company shut off utilities

Rented the place from these people pay them money has screenshots of sending it through their cash app for utilities and hook the utilities up in my name and they shut it off at the water company today and they disconnected my water

James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're dealing with a frustrating situation with your landlord and the water utility service. When you rent a place and agree to pay for utilities, either directly or through the landlord, there's an expectation that those services will be provided as long as payments are... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Energy, Oil and Gas and Libel & Slander for Texas on
Q: Can you ask the court for a writ of possession?

Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

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Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

James L. Arrasmith
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answered on Mar 22, 2024

I understand your concerns and the confusion you are experiencing. If your late husband held patents, as his widow, you typically would have legal rights to his assets, including patents, unless otherwise specified in his will or estate plan. The fact that you were only informed about two patents... View More

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas, Land Use & Zoning and Municipal Law for California on
Q: Can Edison charge to move an electric pole in my property? can I force Edison to move them for free?

I bought four years ago a 4 acres of land without any easement on the title. There is a pole in the center of the land with transformer and a hight voltage line crossing my lot and it belongs to Southern California Edison.

Edison wants to charge me $30,000.00 to move the pole. This is a... View More

James L. Arrasmith
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answered on Mar 7, 2024

Under California law, utilities like Southern California Edison generally have the right to install and maintain their infrastructure on private properties through easements or utility rights-of-way. However, if there was no easement recorded on your property title at the time of purchase, this... View More

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1 Answer | Asked in Energy, Oil and Gas and Municipal Law for California on
Q: Can municipal utility in CA charge res. customers w/ identical condos in a building different electric base rates?

My condo building has 14 identical units. Local utility company implemented a new electric service billing method with a fixed base rate per EDU (Equivalent Dwelling Unit) plus a usage rate per kwh. To determine what an EDU is under their scheme, they took the average annual kwh for each customer... View More

James L. Arrasmith
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answered on Jan 25, 2024

Under California law, particularly referencing the California Public Utilities Code 453(a), utility companies are generally prohibited from discriminating between customers in similar circumstances. This includes charging different base rates for electricity to customers in identical living... View More

1 Answer | Asked in Civil Rights, Energy, Oil and Gas and Consumer Law on
Q: Can a electric company be sued

For years my parents had been on a tight budget I never really understood why I felt like it was not my business but just recently iv learned the reasons behind why .for many years now my parents who only live off a small monthly check has been paying 500 to 700 dollars or more on their electric... View More

James L. Arrasmith
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answered on Jan 15, 2024

Yes, an electric company can be sued if there are grounds to believe that they have engaged in wrongful or fraudulent practices. If your parents have been charged for services or programs they are not enrolled in or have not agreed to, this could potentially be a case of billing fraud or... View More

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is... View More

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4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

James L. Arrasmith
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answered on Dec 23, 2023

As the legal representative of your late husband, you have certain rights regarding his intellectual property, including his utility patents. However, the naming of inventors and representatives on patents is a matter of legal record and protocol, not personal recognition or tribute.

Your...
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4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 28, 2023

I am sorry to read about your loss.

If your late husband was employed, almost certainly the patents that he was an inventor on were owned by the employer and not by your husband. If so, then he did not have any rights to the patents. The employer can do with the patents and patent...
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1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for California on
Q: How do you get a termination letter for " independent solar energy producer contract" when the company is not in busines

we never went active with the solar provider, instead had them remove the solar system off the house. Had to pay to remove the lien on the property.. now selling the house and the independent solar energy producer contract is hold up the title process.

James L. Arrasmith
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answered on Dec 13, 2023

If you need a termination letter for an independent solar energy producer contract and the company is no longer in business, the situation can be a bit complex. First, it's crucial to gather all documentation related to the contract and the removal of the solar system, including any... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Natural gas provider requiring new deposit on existing account for spouse name change due to death.

Same account since 1994. Payments made on time. Simple name change due to husband's passing. They didn't keep records from original installation and now require a $250 deposit to make the change. FTC states this not a new account and I shouldn't have to pay but I can't get the... View More

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

You can probably provide the court order for the name change to the natural gas provider, and it won't charge the deposit.

It likely just needs legal documentation that you are one and the same person.

Some people arbitrarily change their name (sometimes after a divorce or the...
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