Replies to This Discussion

Permalink Reply by Buddy Cotten on May 23, 2011 at 21:39

Dear Ms. Mobley,

 

Receivership leases are for the purpose of granting a lease by unknown persons.  The District Court appoints an attorney ad litum to represent the unknown owners.  The receiver is another person.  I like to use the County Clerk.

 

if it were me, I would begin by demanding payment for my share of the proceeds, beginning with the operator, once I have my share proved up by Aff of Heirship filed or ancillary proceedings filed, or whatever.  This is called building a case.  If you need an attorney to guide you along, first determine the well and the production and figure out if the amount of potential money in dispute is going to pay the legal fees. 

 

At any rate, have you contacted the operator?  The royalties are paid to the appointed receiver.  The oil company have no dog in this hunt, so your comment about the oil companies getting rich and the little people do not seem to matter is misplaced because you are bitter.  They are (apparently) your minerals and at some point the family failed to properly manage them.  That is not the oil companies fault.

 

Best,

Buddy Cotten

 

Permalink Reply by Sherry Mobley on May 24, 2011 at 9:32

Mr. Cotten, I truly did mean to be bitter. I associate BITTER with resentful or angry. I am frustrated with all this. My family that most of the I never and still do not know, probably did fail to manage their estate. Hard working country people that lived very poor and probably did not even know there was a small amount of acreage in Texas . But we joined GHS only to ask questions and to learn and to receive advise. My husband is 20 years retired Army and 100% VA Disabled. My sisters husband is 20 years retired Army. We live in La. , we have a few horses and 4 dogs and are just plain honest country folks. We have been helped a lot from this site . We were misled from the beginning and we have done a lot of research on our own and still looking for opinions and advise. This is all new too us. When we hear something, we simply ask. Hopefully this will all come to a head soon, and we will know where we stand. It is hard to go back and forth to Texas. We have really depended on GHS for TRRC Laws, GHS advise and ideas. When I ask a question or make a comment it is because I simply do not understand the laws of the oil and gas world. Once the oil co gets a right to drill it really is not important that any of us exist. It is irrelevant to them . Now explain this, 2 wells producing since 2006 until now and another since 2010. And the operator says I bet there isnt a hundred dollars in that account. When I gave him the huge figures I knew he could not comment. Explain that to me???? I wish someone would. No, I am not bitter, just frustrated.

Permalink Reply by Ben Elmore on May 24, 2011 at 3:03

Sherry, unfortunately in your particular situation a receivership has already been opened binding your interest you claim under your Affidavit of Heirship.  As a result, you have to get the receivership closed as to your interest.  It sounds like the only way for you to do that is to hire an attorney to intervene on your behalf to get that done.  I previously gave you a recommendation for one, but there is another I would recommend in Center.  His name is Victor Haley.  You can reach him at 936-598-2981.  Your questions about how this can be done, etc... are good questions, but are not going to solve anything for you.  You and your family were apparently unknown heirs, and why that was the case I don't know, but apparently there was some basis for it given that you had to get an Affidavit of Heirship. Your interest is tied up in a receivership and the only way to untie it is go to court. 

Permalink Reply by adubu on May 24, 2011 at 4:05

Ben-- John Price is in the Center office more than Victor Haley unless John has retired or something--Both excellent guys. Their firm owns a Title Company in Center. Their main office is in Nacogdoches

Permalink Reply by Ben Elmore on May 24, 2011 at 5:07

Agreed

Permalink Reply by Sherry Mobley on May 24, 2011 at 8:44

Well true we have a mess. Due to a lot of heirs like our grandparnets and our Mother and our Grandfather dying at a early age we all got split up and no one knew anything. I have dealt with 2 land men and Yes I have contacted the Operator in several depts. Had one call me back this morning. No I am not bitter, why should I be? I am just researching for more information. An attorney should be our last resort. We know the monies are in a Rec Acct under a county appointed Attorney, that I am sure is floored with all the phone calls and messages. I am sure there is a reason for all this, why all of a sudden we were looked up. Clear title and possible other reasons.  I guess we dont know why our family didnt know about any og this other than like I said, everyone passed away. This was a total surprise to a lot of us. What I truly do not understand is if a operator will pay a landman 500 to 700 dollars a day to do all of this, why do we even have to consider hiring a lawyer to prove anything. Isnt producing a Aff. of Heirship to the Rec Acct Att enough. The operator told me this morning it is our job to prove our heirship and to contact the Rec Att ourselves. Even if we have to hire an attorney to do so. How do we know anyone even attempted to find anyone of us, only 90 something heirs.We still do not know how Texas law divides Mineral Rights. Eleven of us are entitled only to our Grandmothers half. The rest are blood heirs,that we do not know. Appraiser told us MRights are all div equal. So like I said We have really did a lot of research and have gotten some help. Operator does have a landman working on all this but they all say it is up to us to work with Rec Att and court to get any monies. How hard do you think we were actually looked for. Is it that simple, go to court, get permission to drill and put money up for now, several years and then keep passing the buck on and on to the next guy. Ben maybe I really should listen and go on and hire an attorney, the majority of the family wants to do that anyway. I think it is usless. All we want is what belongs to us and without a fight. We are trying to produce heirship forms and be nice. Everyone has been nice to us not necessarily truthful, but nice.

Permalink Reply by adubu on May 24, 2011 at 10:08

Sherry--- as you stated your self the Title run of your minerals are a landsman nightmare. If you as a heir to your family can not determined who is who then you understand it's difficult for a stranger to know who is who. If the acreage  size is not a large amont then O/G operator will take the easy road and place it in Rec Acc and go on with drilling of well. They do not desire to spend thousands on Title run opinion for it is not cost effect. Most O/G will go over board to cure title before they have to put in this type account but some times no good choice. You and your family may have no choice but see attorney. You can talk to attorney and tell him or her you will do lots of leg work to keep your cost down and use attorney for their expertise and ability to open doors for you. This is just IMO.

Permalink Reply by Ben Elmore on May 25, 2011 at 3:18

It sounds like they have made themselves clear that they want you to get an attorney.  Legally, since there is a receivership already in place that covers your mineral interests, you've got to go to court, intervene and claim your interest.  You need an attorney to do that.

Permalink Reply by Sherry Mobley on May 25, 2011 at 6:42

So what you are telling us is that the Rec Att does not go to court on our behalf after he receives all Aff of Heirship or proof of Heirship. We will still have to get an attorney ??? Which is fine. We were under the assumption he did all of this for us.

Permalink Reply by Ben Elmore on May 25, 2011 at 7:04

That is not how I have seen it work, beccause the Rec Att represents the receiver, not you.  Arguably your interest conflicts with the receiver's.  But if he the Rec Att is willing to present your interest to the court and concede the receivership should be closed as to your interest, then I guess you can go that route.  But I understood he is not returning your calls. 

Permalink Reply by Sherry Mobley on May 25, 2011 at 12:57

He is not returning any of our calls. If we are lucky enough to get a secretary he says she will give him the message. One heir made an appointment, was not happy with her visit. I am at a loss other than an attorney. My question is is true mineral rights are split equally underground. The operator told me once it goes into rec it is out of their hands. I assumed and we both know what that means, that the County appoints a rec Att to see that the monies are distributed properly. I thought that was why  they were trying to clear title. The Operator also tol me they assumed two of these wells from another co, which I did know. he said the Acct Rc Att. had already been paid and was dealing with everyone out of the goodness of his heart. That very seldom did a case like this happen. With so many heirs popping up and not signing over. He said The rec Att was not on their payroll. And to send Heirship forms and anything else we gave landman directly and certified to Rec Att. So I did.

Permalink Reply by adubu on May 26, 2011 at 11:48

Ben--- where does the money go and end up to in the Rec Att account if unclaimed after time interval (and what is that time interval?) Who's money is it now once Rec Att get's it?

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