Lawyers, Answer Questions  & Get Points Log In
Texas Energy, Oil and Gas Questions & Answers
1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Executor failed to include mineral rights in probate on Oklahoma county. I have copies showing he retained the mineral

Do I need to transfer to my name or us a copy of the land deed showing the retained mineral rights ok

Aimee Hess
Aimee Hess answered on Jan 10, 2020

I am only licensed in Texas, but I suspect Oklahoma law may be similar to Texas law in this situation. If the executor of an estate has not included the mineral rights in a deed from the estate to the beneficiaries, and this violates the terms of the will, you need to seek legal assistance... Read more »

1 Answer | Asked in Consumer Law, Constitutional Law and Energy, Oil and Gas for Texas on
Q: How do you battle a electric utility company and what type lawyer do I need?
Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

It depends what you're battling them about. Oil spill from one of their fuel barges, you need an environmental lawyer. Right-of-way or easement with one of their power lines, you need a land use or real estate lawyer. Electric bill issue, you need a consumer or business lawyer. Depending on the... Read more »

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Is it legal for an oil company to take your entire revenue check (which is our sole income) with no warning?

Two years ago we, as royalty owners with Pioneer Natural Resources, sold a percent of our mineral interest in Upton County to OneMap Mineral Services LLC. All Division Orders were signed by all parties and money exchanged hands. But apparently Pioneer dropped the ball and mishandled some of the... Read more »

Aimee Hess
Aimee Hess answered on Dec 9, 2019

This is certainly an unfortunate situation. Whether or not Pioneer is allowed to withhold all royalty due to you depends on the language of the most recent division order for these royalties that you signed, as well as the terms of the oil and gas lease that you or your predecessor in interest... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Q: My father passed away intestate (no will), he owned his home, am I responsible for paying his utility bills?

Are his children responsible for paying the light, water, and gas bill? We plan to sell the home once cleaned, but no one is living in the home since his passing.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 11, 2019

After the Court appoints an administrator, giving that person authority over your father's property, that person is responsible for maintaining the estate.

Meanwhile, you and your siblings may want to keep the utilities on in order to maintain the property in good shape. That should bring...
Read more »

View More Answers

2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: I am a creditor in an Chapter 11 Bankruptcy case . I inherited land which produces / pumps oil. This land was inherited

My question is. Can the Oil Company get out of paying my family it's Royalties?? There's millions owed to us. We are unsecured creditors. How can we become a ""Priority" in this case? Help... Court has been through a 3x's Arbitration(?) Final Hearing is set for Sept 10. All petitions must be in... Read more »

Aimee Hess
Aimee Hess answered on Aug 23, 2019

In most cases, an oil company in bankruptcy must pay current royalties to its mineral owners with whom it has active oil and gas leases. Past royalties are often treated as claims against the bankruptcy estate. Whether the claim is secured or unsecured, or priority or nonpriority, depends on the... Read more »

View More Answers

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: What if i was charged for oil changed at dealership and vehicle was not serciced as paid for?

Oil filter and tire rotation 29.99 tires not rotated motor shakes when didnt not do

Before on top of that they advised me they changed hoses when they didnt need to i just had brand new motor put in hoses where brand new they changed without consent

Tim Akpinar
Tim Akpinar answered on Jul 4, 2019

A place to start here could be to contact a Texas attorney who deals with consumer issues/small contract disputes. The Energy, Oil and Gas section is more about large matters involving drilling rights, mineral rights, etc. Good luck

Tim Akpinar

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: I own mineral rights in West Texas we least are mineral rights to oxy oil 2017 we still have not received any royalties

They started production in 2017

Aimee Hess
Aimee Hess answered on Jan 24, 2019

First, you will need to be sure that the production is actually production from your mineral interests. Your lease may have been limited to certain depths and so the fact that there is a well in your area or even on your land that is producing is not necessarily determinative. Secondly, if your... Read more »

1 Answer | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: A oil company has broken the contract that we all signed. how can i get them to hold up to the agreement?
Aimee Hess
Aimee Hess answered on Jan 2, 2019

If an oil company has violated its agreement with you, it is possible that you can get a court order requiring them to fulfill their obligations under the contract. They may also be liable to you for damages. You will first need to have an oil and gas attorney review the contract and the facts that... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Energy, Oil and Gas for Texas on
Q: I was involved in truck wreck on Halloween evening 2018.

I was involved in truck wreck on Halloween evening 2018. I was driving my friends company vehicle when another driver failed to yield to right of way and stop sign and pulled out infront of us. I am an Independent contractor for a firm here in Odessa and have not been able to go back to work. I do... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 6, 2018

You need to get right on it and begin investigation on the details of this accident. But, your delay in seeking medical treatment may devalue your case. We do handle these cases and can get you to a doctor asap. It does not matter that you do not have health insurance if the other responsible... Read more »

View More Answers

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Hi i get 1 million dollars,1 million to oil company.my lawyer say i back the money from oil comp.never get.
Tim Akpinar
Tim Akpinar answered on Nov 17, 2018

It isn't fully clear what the question is here.

Tim Akpinar

1 Answer | Asked in Energy, Oil and Gas and Environmental for Texas on
Q: I am pretty sure a nearby company is polluting my well water. What are my next steps?
Aimee Hess
Aimee Hess answered on Oct 15, 2018

This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to... Read more »

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
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... Read 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
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
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
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... Read 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
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... Read 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
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... Read 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
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... Read 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
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
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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.