I recently was contacted by Encana about royalties on property that my dad had in Stonewall.  I have done the Affidavit of Heirship and death certificate.  I was emailed back and in the email they said that my check would be cut in my name and the name of my ex wife. 

 

I am sending the divorce decree, but my question is since this is heir property why would she even be named on the check? 

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In Louisiana property aquired through gift or heirship is considered seperate property. My question is what did the affadavit list? Did your father die intestate?
Even if property is separate property, the better question is whether the income from separate property is community property in the state. If so, and if the production was during marriage, the ex may be due something...in any event, I don't know why they would even put her name on the check if they were still married. My land and minerals are my separate property, the royalty payments are community property, but my spouse's name is not on the check.
I was of the understanding that income derived from your seperate property was considered your seperate property. However, IANAL.

In any event, this situation should be easily resolved by the divorce decree.
How many acres? Township, section, range?
T15N-R14W in Sec 22 - 7 acres
For 7 acres on that section, call the lawyer NOW. Kill this problem before the ex gets a chance to sink her claws into it. Even if you're in the right, once it gets screwed up, it gets harder to fix it. Try to make sure that a check never gets cut that lists the ex.

Looks like it's a pretty good well, and it's already been producing for a number of months. Enough money is at stake to at least make an initial contact with the lawyer.
really....chill out. The landmen will fix the problem.
s-t-r is not really revalent
yep, as soon as I got the email I told the Encana person to not send that. She asked for the divorce papers and I am sending them. I will not deposit a check with her name on a check.

Thanks...
Good. Your first post sounded like Encana was resisting cutting the check to just you, even with the divorce decree.
No the lady I am dealing is really helpful so far...
Hmmm.....helpful? Sounds suspicious to me. They must be up to something.

(Just kidding.)

So far, the Chesapeake person I talked to seemed competent and helpful in straightening things out too. However, we're not at the stage of getting actual checks cut yet, and it was just a question of getting details straightened out.

It's a sad commentary on American business these days that it's surprising when someone is able to handle their job in a competent manner.

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