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Texas Energy, Oil and Gas Questions & Answers
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
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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
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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
PREMIUM
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... View 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
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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... View 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
PREMIUM
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... View 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
PREMIUM
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... View 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
PREMIUM
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
PREMIUM
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... View More

1 Answer | Asked in Bankruptcy and Energy, Oil and Gas for Texas on
Q: Chapter 11 bankruptcy after the final decree when do the creditor get paid for there proof of claim. This a oil and gas

This would be in reference to mineral interest and working interest disbursements. It is secured priority.

Aimee Hess
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Aimee Hess
answered on Apr 6, 2018

In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Q: If my grandmother's name was forged on a document that cut her out of dividends from land (oil). What can be done?

My great-great-grandfather left his grandchildren land that Shell oil ended up digging and finding oil. My grandmother is one of his grandchildren. One of her first cousins who has since passed forged her and her sisters name on a document cutting them out from dividends from Shell. Her other... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Mar 12, 2018

Your family's rights depends on what kind of document was signed and how long ago the forgery occurred. I assume the forged document was a deed. In Texas, a forged deed is void and does not pass title. However, there are statutes of limitation in Texas for asserting your rights. What statute... View More

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1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Can my neighbor sell his land to an energy company without my consent?
Aimee Hess
PREMIUM
Aimee Hess
answered on Feb 23, 2018

In many cases, a neighbor can sell his or her land without your consent. Texas laws and the Constitution support the idea that people can buy and sell their property as they please. In some cases, there may be deed restrictions or restrictions in an owner's chain of title that can limit... View More

2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: When does the right to request a re-assignment terminate if the provision allows for them to exercise in perpetuity?

We have assignments of working interest that all include a re-assignment provision allowing the assignor, upon request, to be re-assigned his/her interest in all depths below 100’ below the deepest producing well. As of now, it looks like the deepest well is 10,571’. Our client wants to drill... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Feb 15, 2018

It sounds like you have a valid concern here. However, in situations like this, the devil is in the details. In other words, an experienced oil and gas attorney would have to review those assignments and discuss the facts with you to be able to advise you appropriately. There may be common-law... View More

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1 Answer | Asked in Federal Crimes and Energy, Oil and Gas for Texas on
Q: Recently found out I was a victim of fraud loosing around $20k.

The US Department of Justice convicted the persons responsible and ordered them to pay back the funds. I know I may get little or nothing back. Is it worth the trouble to file a personal lawsuit or try to put a lien on anything they may own to try and recover the funds?

Aimee Hess
PREMIUM
Aimee Hess
answered on Feb 15, 2018

I am assuming the fraud arises from some kind of oil and gas investment you made. When I am asked about these kinds of cases, the first thing I do is review the documents you were given and that you may have signed and discuss the facts with you in order to determine whether you have a valid claim.... View More

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: I am heir to a 25% mineral interest on 297 acres. They're drilling a well. Do I get 25% of the 25% from leasee?

Plat is for 297 acres. There is one surface owner for 297 acres. I do not have executive right.

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 31, 2017

You should take all deeds and any other proof of inheritance, etc. to an oil and gas or real estate attorney in your area for an in-depth review.

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Q: Can I sue my company after they ignored health complaints?

The heart attack occurred after I complained to my boss that I was not feeling well, I explained my chest was hurting. He told me to be quiet and go to work. 20 min later I had a massive heart attack while attempting to work.

Roy Lee Warren
Roy Lee Warren
answered on Oct 26, 2017

If they have wc you are limited to filing a claim for wc. Heart attacks (HA) are difficult to prove so I suggest hiring the best WC lawyer you can find. They handle cases on a contingency fee basis so if the lawyer does not win, you owe nothing. HA require proof from a medical provider that will... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: My late husband had oil & gas minerals that he received royalties from as our only income. Is this part of a contingency

My attorneys are asking 25% of my only income as part of the contingency fee agreement which would mean that I will pay them forever for a 7 month probate that ended with me being almost broke and my ex niece-in-law a multimillionaire and owning 70,000+ acres and me owning 1461.33 acres of land.

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 11, 2017

Your question cannot be answered by the circumstances you list. I advise reading your attorney/client contract to see what you agreed to. If you continue to have difficulty with the contract, you may contact the State Bar of Texas to see if they can assist you.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Gas and Oil Lease, We are mineral right owner and we had had a lease where royalties weren't paid as per lease, 20%

My uncle received for 5 year royalty payment but the amount didn't cover the 20% of production as per lease agreed with the operator company. We want to know if there are some lower that could work with us in this issue.

If the lawyer could speak spanish, we will be more confortable.

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 11, 2017

This question was over a year ago; however, these same issues are beginning to grow tremendously as companies fail to fulfill their obligations and leave the land/mineral owner left in a mess. There has been an increase in suits filed regarding failure to meet obligations, blatant attempts to take... View More

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Probate for Texas on
Q: I am in Texas. My husband passed away without a will. I am selling his mineral rights. We have a minor child together

and he has a grown daughter (my stepdaughter).

My understanding is I would get 1/3 and his children would get the remaining 2/3.

I have someone that is going to buy mine and my sons mineral rights but at the last minute he asked if I had a legal guardianship order from the court.... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 11, 2017

This is long after your questions was asked; however, if you haven't already done so, consult with a probate attorney in your area.

1 Answer | Asked in Banking, Energy, Oil and Gas, Probate and Securities Law for Texas on
Q: How much is a declaration? Of heir in texas and is it able to be deducted from a settlement with the comptroller?

Its my second cousin. Had no kids. My dads cousin. Mu aunt took carebif this many years ago after his suicide and failed to find a number of open accounts and what not. Ive not had comyavt with her in at k1east 3 yrs or more and havent spokennto my cousins, her kids in even longer. I always stayed... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 11, 2017

I suggest you have an in-person consultation with an attorney. It's a time-consuming job to review all the appropriate facts and advise you accordingly; therefore, you will probably be charged for the consultation.

1 Answer | Asked in Estate Planning, Family Law and Energy, Oil and Gas for Texas on
Q: 5 Heirs, one has not been cooperative. Another Heir thinks he is due Royalties from date of death.We have debt

The will says Ind Exec is not responsible for Legal Fees or debt.

Is heir # 2 entitled to all back royalties or can royalties be used to pay debts and legal counsel for the other heir?

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Sep 22, 2017

Your probate lawyer, who has read the Will, can more accurately answer this than people who have not.

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