# Law & Legal **URL:** https://www.mineralrightsforum.com/c/law-legal/7.md?page=24 [Latest](https://www.mineralrightsforum.com/latest.md) · [Categories](https://www.mineralrightsforum.com/categories.md) · [Tags](https://www.mineralrightsforum.com/tags.md) **Page:** 25 --- ## [Minerals in a trust](https://www.mineralrightsforum.com/t/minerals-in-a-trust/19307)
**Author:** [@Jennifer\_B](https://www.mineralrightsforum.com/u/Jennifer_B)\ **Replies:** 7\ **Last updated:** [December 13, 2012, 11:15pm UTC](https://www.mineralrightsforum.com/t/minerals-in-a-trust/19307 "2012-12-13T23:15:31Z")
My husband has ownership in a section of minerals that we received through a trust. The trust documents, however, do not mention the minerals specifically; they only mention the surface in 200 acres in this section. Does… --- ## [Effect of a will not being probated in Texas](https://www.mineralrightsforum.com/t/effect-of-a-will-not-being-probated-in-texas/21016)
**Author:** [@BG11](https://www.mineralrightsforum.com/u/BG11)\ **Replies:** 5\ **Last updated:** [December 11, 2012, 3:37pm UTC](https://www.mineralrightsforum.com/t/effect-of-a-will-not-being-probated-in-texas/21016 "2012-12-11T15:37:34Z")
A relative who owned non-participating royalty rights died many years ago. Apparently, his will was never probated. I’ve been told that the effect in Texas of not probating a will is that the will is treated as if it nev… --- ## [Legal Question About Deductions Made From Production Occurring Prior to Ownership](https://www.mineralrightsforum.com/t/legal-question-about-deductions-made-from-production-occurring-prior-to-ownership/19397)
**Author:** [@A\_Loren](https://www.mineralrightsforum.com/u/A_Loren)\ **Replies:** 2\ **Last updated:** [December 5, 2012, 5:51pm UTC](https://www.mineralrightsforum.com/t/legal-question-about-deductions-made-from-production-occurring-prior-to-ownership/19397 "2012-12-05T17:51:15Z")
I acquired a set of producing minerals in Texas with an effective date of June 1, 2011. Subsequently, Chesapeake began paying royalties for production beginning June 1, 2011 and continuing onward to the present. In a rec… --- ## [Ohio HB 493 Being Discussed In Committee - 750 Foot Setback / 1280 Acre Drilling Units A Bad Deal In My Opinion](https://www.mineralrightsforum.com/t/ohio-hb-493-being-discussed-in-committee-750-foot-setback-1280-acre-drilling-units-a-bad-deal-in-my-opinion/19456)
**Author:** [@Joseph\_E\_Powell](https://www.mineralrightsforum.com/u/Joseph_E_Powell)\ **Replies:** 1\ **Last updated:** [December 1, 2012, 1:06pm UTC](https://www.mineralrightsforum.com/t/ohio-hb-493-being-discussed-in-committee-750-foot-setback-1280-acre-drilling-units-a-bad-deal-in-my-opinion/19456 "2012-12-01T13:06:45Z")
Found a newsflash. Use this link: http://www.shaleohio.com/details.aspx?id=1329 Regarding HB 493: the 750 foot setback and 1280 drilling unit size to me translates as landowner punitive. My opinions have not changed … --- ## [How to break a lease held by operation?](https://www.mineralrightsforum.com/t/how-to-break-a-lease-held-by-operation/19667)
**Author:** [@J\_L\_Johnson](https://www.mineralrightsforum.com/u/J_L_Johnson)\ **Replies:** 16\ **Last updated:** [November 30, 2012, 2:05am UTC](https://www.mineralrightsforum.com/t/how-to-break-a-lease-held-by-operation/19667 "2012-11-30T02:05:31Z")
I have an old chalk well that was drilled in the 90’s that is currently leased to a very small oil company. The lease is being held by operations. The lease reads that if operations cease for 90 days then the lease ends.… --- ## [Looking for help](https://www.mineralrightsforum.com/t/looking-for-help/19592)
**Author:** [@Michael\_A\_Homann](https://www.mineralrightsforum.com/u/Michael_A_Homann)\ **Replies:** 5\ **Last updated:** [November 26, 2012, 4:25pm UTC](https://www.mineralrightsforum.com/t/looking-for-help/19592 "2012-11-26T16:25:19Z")
Hello, I’m writing about an out of court settlement made by Roosevelt County on December 10, 1982 in which the county agreed to return to the Chandler heirs a 6 ¼% interest in mineral rights on a 360 acre parcel homeste… --- ## [Wife (heir) and Husband on Lease](https://www.mineralrightsforum.com/t/wife-heir-and-husband-on-lease/21153)
**Author:** [@Don\_White](https://www.mineralrightsforum.com/u/Don_White)\ **Replies:** 4\ **Last updated:** [November 26, 2012, 2:51am UTC](https://www.mineralrightsforum.com/t/wife-heir-and-husband-on-lease/21153 "2012-11-26T02:51:47Z")
If your property and mineral rights are owned as an heir by one spouse, can you have the lease name both husband and wife as owners? Want to protect spouse in case the other spouse (the heir) dies. --- ## [Business Entity to House Oil/Mineral Interests](https://www.mineralrightsforum.com/t/business-entity-to-house-oil-mineral-interests/23216)
**Author:** [@Louise\_Tario](https://www.mineralrightsforum.com/u/Louise_Tario)\ **Replies:** 24\ **Last updated:** [November 26, 2012, 2:40am UTC](https://www.mineralrightsforum.com/t/business-entity-to-house-oil-mineral-interests/23216 "2012-11-26T02:40:35Z")
My family has inherited some oil and mineral interests throughout several states. While we haven’t seen substantial income from the properties over the years, there has been a recent spike of interest and production in o… --- ## [ND Mineral Rights Inheritance question](https://www.mineralrightsforum.com/t/nd-mineral-rights-inheritance-question/19707)
**Author:** [@Steve\_McQueen](https://www.mineralrightsforum.com/u/Steve_McQueen)\ **Replies:** 2\ **Last updated:** [November 14, 2012, 1:07pm UTC](https://www.mineralrightsforum.com/t/nd-mineral-rights-inheritance-question/19707 "2012-11-14T13:07:37Z")
My grandfather owns a sizeable plot in North Dakota that they are leasing with one well in production and 5+ more to come for now. My question is around mineral rights payments and inheritance. The payments will be brok… --- ## [Question re: distribution of mother's mineral interests](https://www.mineralrightsforum.com/t/question-re-distribution-of-mothers-mineral-interests/19720)
**Author:** [@Patricia\_Lynch-Dopkin](https://www.mineralrightsforum.com/u/Patricia_Lynch-Dopkin)\ **Replies:** 1\ **Last updated:** [November 13, 2012, 12:47pm UTC](https://www.mineralrightsforum.com/t/question-re-distribution-of-mothers-mineral-interests/19720 "2012-11-13T12:47:40Z")
I have been contacting companies to split my mother’s mineral interests - mostly in Oklahoma. She died in Texas and left her entire estate to 8 remaining children, with no other possible heirs and an uncontested will tha… --- ## [Oklahoma Intestacy Laws](https://www.mineralrightsforum.com/t/oklahoma-intestacy-laws/19746)
**Author:** [@JJinNewkirk](https://www.mineralrightsforum.com/u/JJinNewkirk)\ **Replies:** 0\ **Last updated:** [November 12, 2012, 2:11pm UTC](https://www.mineralrightsforum.com/t/oklahoma-intestacy-laws/19746 "2012-11-12T14:11:07Z")
Oklahoma Intestacy Laws These are selections from the Oklahoma intestate succession statutes. (Title 84: Wills and Succession) For the purpose of this section, the phrase “by right of representation” means the estate i… --- ## [Assigning lease interest to new gas company](https://www.mineralrightsforum.com/t/assigning-lease-interest-to-new-gas-company/19763)
**Author:** [@Rick\_Tavares](https://www.mineralrightsforum.com/u/Rick_Tavares)\ **Replies:** 2\ **Last updated:** [November 9, 2012, 6:21pm UTC](https://www.mineralrightsforum.com/t/assigning-lease-interest-to-new-gas-company/19763 "2012-11-09T18:21:30Z")
I have a provision in my lease that I must approve in writing any turnover of my lease from Talisman. Talisman “traded” all the leases in my area to Chesapeake. Chesapeake has a very bad reputation here in PA and I don’t… --- ## [Liability](https://www.mineralrightsforum.com/t/liability/20034)
**Author:** [@nick\_jackowski](https://www.mineralrightsforum.com/u/nick_jackowski)\ **Replies:** 1\ **Last updated:** [October 19, 2012, 3:02pm UTC](https://www.mineralrightsforum.com/t/liability/20034 "2012-10-19T15:02:17Z")
If a problem occurs with water, traffic, damage to property in an active drilling/exploration area such as Lavaca County, Moulton area, who do we contact? Is there one place to start? We have property next to a producing… --- ## [Need Help](https://www.mineralrightsforum.com/t/need-help/20380)
**Author:** [@Bubba\_Hardee](https://www.mineralrightsforum.com/u/Bubba_Hardee)\ **Replies:** 18\ **Last updated:** [September 30, 2012, 12:27pm UTC](https://www.mineralrightsforum.com/t/need-help/20380 "2012-09-30T12:27:14Z")
I inherited some mineral rights in Jackson County, Texas, and am probating my mother’s estate. The court wants to know what they are worth. How do I find out this information? Thanks. --- ## [Mineral rights](https://www.mineralrightsforum.com/t/mineral-rights/20369)
**Author:** [@donna\_roggenstein](https://www.mineralrightsforum.com/u/donna_roggenstein)\ **Replies:** 3\ **Last updated:** [September 17, 2012, 2:35am UTC](https://www.mineralrightsforum.com/t/mineral-rights/20369 "2012-09-17T02:35:13Z")
I have mineral rights in North Dakota and I need advice on leasing my mineral rights, going non-consent, if I’m being offered a good lease etc. Does anyone know of a mineral rights lawyer in North Dakota that they would … --- ## [I just Inherited Land](https://www.mineralrightsforum.com/t/i-just-inherited-land/20390)
**Author:** [@Rebecca1](https://www.mineralrightsforum.com/u/Rebecca1)\ **Replies:** 4\ **Last updated:** [September 14, 2012, 4:22pm UTC](https://www.mineralrightsforum.com/t/i-just-inherited-land/20390 "2012-09-14T16:22:33Z")
Me and my brothers just found out a year or so ago that we had land that was passed down from my dad (who passed away) to us. My great grandfather purchased land and it has been passed down. Now me and my brothers are be… --- ## [I signed the lease with my husband..now a divorce is on its way](https://www.mineralrightsforum.com/t/i-signed-the-lease-with-my-husband-now-a-divorce-is-on-its-way/20479)
**Author:** [@Nikki\_Simpson](https://www.mineralrightsforum.com/u/Nikki_Simpson)\ **Replies:** 20\ **Last updated:** [September 5, 2012, 2:36pm UTC](https://www.mineralrightsforum.com/t/i-signed-the-lease-with-my-husband-now-a-divorce-is-on-its-way/20479 "2012-09-05T14:36:32Z")
What are my rights to the royalties…we received the bonus check and agreed to where that money will go. How do I protect myself and my share when I go see my attorney? If he resigns in 5 years, I still want my share even… --- ## [Recovering Production Costs](https://www.mineralrightsforum.com/t/recovering-production-costs/20503)
**Author:** [@Daniel\_A\_Thompson](https://www.mineralrightsforum.com/u/Daniel_A_Thompson)\ **Replies:** 5\ **Last updated:** [August 31, 2012, 7:59pm UTC](https://www.mineralrightsforum.com/t/recovering-production-costs/20503 "2012-08-31T19:59:31Z")
We have a well that was producing for 19 months, before we found out from another owner that the well was paying them royalties. When we received our first check there were charges for production costs for the first fiv… --- ## [Can seismic tests or drilling exploratory well be done when property owner is deceased, & property owner has 50% mineral rights deed?](https://www.mineralrightsforum.com/t/can-seismic-tests-or-drilling-exploratory-well-be-done-when-property-owner-is-deceased-property-owner-has-50-mineral-rights-deed/20783)
**Author:** [@Patricia\_McCarroll](https://www.mineralrightsforum.com/u/Patricia_McCarroll)\ **Replies:** 4\ **Last updated:** [July 28, 2012, 2:37pm UTC](https://www.mineralrightsforum.com/t/can-seismic-tests-or-drilling-exploratory-well-be-done-when-property-owner-is-deceased-property-owner-has-50-mineral-rights-deed/20783 "2012-07-28T14:37:23Z")
I live on 20 acres of NW Elbert County, CO; my mother-in-law owns (owned) this property, but she passed away in 2010. There are two surviving sons, but one of them, my husband, also passed away Jan. 2012; now, the remain… --- ## [Royalties Inherited in Oklahoma](https://www.mineralrightsforum.com/t/royalties-inherited-in-oklahoma/20941)
**Author:** [@J\_Feiro](https://www.mineralrightsforum.com/u/J_Feiro)\ **Replies:** 5\ **Last updated:** [July 26, 2012, 7:21am UTC](https://www.mineralrightsforum.com/t/royalties-inherited-in-oklahoma/20941 "2012-07-26T07:21:43Z")
My mother inherited several oil and mineral royalties from her uncle which passed many years ago. My mother passed away in 1998 with a Will and gave the royalties to my sister and me being the second in the Will to inher… --- ## [Non-Consent liability question](https://www.mineralrightsforum.com/t/non-consent-liability-question/20911)
**Author:** [@R.M.S](https://www.mineralrightsforum.com/u/R.M.S)\ **Replies:** 4\ **Last updated:** [July 16, 2012, 2:41am UTC](https://www.mineralrightsforum.com/t/non-consent-liability-question/20911 "2012-07-16T02:41:49Z")
If you choose to go non-consent and receive 16% until your debt to the operator is paid, do you have any legal liabilities during that time period? Because from the looks of it, the well debt won’t be paid off for anothe… --- ## [Maximum size (I thought) for an oil well unit/pool](https://www.mineralrightsforum.com/t/maximum-size-i-thought-for-an-oil-well-unit-pool/20968)
**Author:** [@Jack\_Ross](https://www.mineralrightsforum.com/u/Jack_Ross)\ **Replies:** 9\ **Last updated:** [July 8, 2012, 1:30pm UTC](https://www.mineralrightsforum.com/t/maximum-size-i-thought-for-an-oil-well-unit-pool/20968 "2012-07-08T13:30:01Z")
I thought the maximum size for a unit for an oil well was 40 acres, unless the state gave some sort of okay to forget the rules bypass. The reason I ask is because right in the middle of our land is an oil well that I … --- ## [Leases in perpetuity](https://www.mineralrightsforum.com/t/leases-in-perpetuity/20964)
**Author:** [@Jack\_Ross](https://www.mineralrightsforum.com/u/Jack_Ross)\ **Replies:** 0\ **Last updated:** [July 6, 2012, 11:59pm UTC](https://www.mineralrightsforum.com/t/leases-in-perpetuity/20964 "2012-07-06T23:59:56Z")
Does the state of Texas still recognize leases from the 1940’s and early 50’s that allowed the operator to hang onto land in perpetuity even if there had been no production on the land for a period of years (not to menti… --- ## [Lease agreements](https://www.mineralrightsforum.com/t/lease-agreements/21049)
**Author:** [@Kraut](https://www.mineralrightsforum.com/u/Kraut)\ **Replies:** 6\ **Last updated:** [June 28, 2012, 1:32am UTC](https://www.mineralrightsforum.com/t/lease-agreements/21049 "2012-06-28T01:32:20Z")
I’m new here so please bear with me. What information should absolutely be included in a lease agreement that was sent to me by a landman? Also, what should be removed? I inherited mineral rights but I know nothing about… --- ## [Title Curative -Quiet Title Judgement](https://www.mineralrightsforum.com/t/title-curative-quiet-title-judgement/21494)
**Author:** [@DBAKKEOIL](https://www.mineralrightsforum.com/u/DBAKKEOIL)\ **Replies:** 2\ **Last updated:** [June 4, 2012, 9:14pm UTC](https://www.mineralrightsforum.com/t/title-curative-quiet-title-judgement/21494 "2012-06-04T21:14:13Z")
We have received a title opinion which shows our chain of title is clouded. We have found that a previous relative conveyed interest when they legally were not the heir to the rights. Does anyone know a good attorney i… --- ## [Heirs and Assigns omitted from deed](https://www.mineralrightsforum.com/t/heirs-and-assigns-omitted-from-deed/21268)
**Author:** [@Lance\_Nimmo](https://www.mineralrightsforum.com/u/Lance_Nimmo)\ **Replies:** 0\ **Last updated:** [May 30, 2012, 1:48pm UTC](https://www.mineralrightsforum.com/t/heirs-and-assigns-omitted-from-deed/21268 "2012-05-30T13:48:03Z")
I live in PA. Like the title says, if a deed makes use of the phrase “heirs and assigns” for the grantee twice in the deed, yet leaves it out when it reserves oil and gas rights, would that reservation simply become a li… --- ## [Inherited Working Oil Wells in Atascosa County](https://www.mineralrightsforum.com/t/inherited-working-oil-wells-in-atascosa-county/21308)
**Author:** [@Kathy\_Hanocck](https://www.mineralrightsforum.com/u/Kathy_Hanocck)\ **Replies:** 2\ **Last updated:** [May 25, 2012, 3:48pm UTC](https://www.mineralrightsforum.com/t/inherited-working-oil-wells-in-atascosa-county/21308 "2012-05-25T15:48:14Z")
My mother passed and left my sister and myself 1/3 interest in 3 oil wells in Atascosa County. That was all that she had of any value so I didn’t probate her will. What do I need to do to get the wells in our names? I ge… --- ## [Help! Inherited Gas Lease, Royalties, Probate, and Asset Recovery Issues](https://www.mineralrightsforum.com/t/help-inherited-gas-lease-royalties-probate-and-asset-recovery-issues/21557)
**Author:** [@Patricia\_F\_Brimberry](https://www.mineralrightsforum.com/u/Patricia_F_Brimberry)\ **Replies:** 1\ **Last updated:** [May 25, 2012, 9:16am UTC](https://www.mineralrightsforum.com/t/help-inherited-gas-lease-royalties-probate-and-asset-recovery-issues/21557 "2012-05-25T09:16:11Z")
Hi. I’m new to this forum and I need help. I have to admit I haven’t exactly stayed on top of this matter over the years, but want to clear it up now. Apologies for the length—I don’t know what’s relevant. I inherited a… --- ## [Can Medicaid force the sale of Mineral Rights?](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421)
**Author:** [@Tom\_McLarnan](https://www.mineralrightsforum.com/u/Tom_McLarnan)\ **Replies:** 7\ **Last updated:** [May 19, 2012, 5:51am UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421 "2012-05-19T05:51:36Z")
My 82 yr old mother owns mineral rights in MT & ND. It appears she may need nursing home care within the year. My question is; can Medicaid force the sale of mineral rights before she becomes eligible for coverage? --- ## [Shut in well and lease termination](https://www.mineralrightsforum.com/t/shut-in-well-and-lease-termination/21383)
**Author:** [@Columbia1](https://www.mineralrightsforum.com/u/Columbia1)\ **Replies:** 5\ **Last updated:** [May 12, 2012, 6:29pm UTC](https://www.mineralrightsforum.com/t/shut-in-well-and-lease-termination/21383 "2012-05-12T18:29:49Z")
We have royalty in a well that is listed with the State of Louisiana as “SHUT-IN PRODUCTIVE-FUTURE UTILITY” and is producing less than an average of 1 barrel of oil a month. At that rate $110 per month would not be in “p… [Previous page](https://www.mineralrightsforum.com/c/law-legal/7.md?page=23) [Next page](https://www.mineralrightsforum.com/c/law-legal/7.md?page=25)