Replies to This Discussion

Permalink Reply by Linda Whatley on January 20, 2011 at 6:15

Sounds like you need another attorney Mike.   ....   Do you have a copy of your grandmother's succession?  That would be where I'd start my research.  

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Permalink Reply by Mike Jackson on January 20, 2011 at 6:29

I know miss Whatley I do have my greatgrandmother succession

 

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Permalink Reply by Skip Peel - Mineral Consultant on January 20, 2011 at 6:34

Mike, were successions filed for the generations leading from your grandmother to those family members living today?  And if so, do you have copies?

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Permalink Reply by Linda Whatley on January 20, 2011 at 6:43

You'll also need the Judgement of Possession.  You might want to check to make sure that was recorded. 

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Permalink Reply by Max on January 21, 2011 at 4:34

Mike,

 

Several things are not clear in your post.  Who signed a lease?  O & G companies tend to research land ownership at the Clerk of Court in the parish where the land is located.  They really take it serious to make sure who owns the minerals.

 

If Encana is sending a check to Dallas, then a 1099 will follow that check for tax purposes.  Someones SS# is on that 1099. 

 

Would Encana tell you the last four digits of that SS#?  I doubt it, you are probably one of ten thousand people who call them and present a story similar to yours.

 

You or your lawyer will have to prove otherwise.  Attorney fee's can add up because it takes a lot of research to do this.  If you have a puzzle with missing pieces, it's hard to find those pieces.  That takes time.  If you can do the leg work, you can save some money. 

 

As far as attorney's, one located in the parish where the land is located would be an advantage.  A attorney from Dallas can go through $5000 in a heartbeat if he had to travel to Louisiana, plus he would have to be able to practice in LA.  Not very cost efficient.

 

You're in a small boat in rough seas.  If you want this matter settled, you have a lot of work ahead of you.  I would find out if my people in Dallas were doing a lot better than you should expect.  Are they driving new cars when they use to walk a lot?  Set up a family reunion and be sure to invite them.  You may be able to pick up enough information to get started.

Max

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Permalink Reply by Linda Whatley on January 21, 2011 at 4:42

Great advice Max. 

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Permalink Reply by Mike Jackson on January 21, 2011 at 23:32

"I mean"  the people we have spoken to comfirmed that this was Interest that belongs to my family, also the last four digits matched the name. Yes my family is aready "Ballin" as I would say{lol}. And now They only want to speak with an attorney. One more thing max my lawyer is in shreveport...

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Permalink Reply by The_Baron on January 21, 2011 at 6:08

I have a feeling that if Encana is paying royalty they have already figured out the succestions and probally have a title opinion/DO.

 

I would suggest contacting Encana to see what attourney did the DO, maybe that attorney can shed some light on the situation.

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Permalink Reply by Shaleeee on January 22, 2011 at 15:36

Before I spent a lot of money I think I would send that part of the family a registered letter telling them you are aware of the fact that they are keeping money that does not belong to them, maybe even identity theft and that you intend to take them to court unless they are ready to settle with you and get this straightened out, reminding them that they will be responsible for court cost - (if they are in the wrong) sounds like Encana would also be responsible for this mistake - would be better if an attorney would write the letter. Too simple?

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Permalink Reply by Max on January 23, 2011 at 4:41

Mike,

Shaleee's route could work, but I wouldn't count on an attorney to write that letter for you.  You would have to look far and wide to find a lawyer that would put something in writing that could come back and bite him/her. 

 

Do you play poker?  A pair of deuce's have won many a game, but the face behind that pair made the other players believe maybe a deck of cards does have five aces. 

 

You would only want to give them limited information and by no means, no false information.  Attach copies of successions, deeds, and other material that backs up your claim and then send it certified mail, when you're out to trap a lion, you not only need juicy bait, you also need a strong cage. 

 

There is a lot of info on the net.  Start googling and reading.  You'll be surprised at what you can find.

Max

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Permalink Reply by Jack Blake on January 24, 2011 at 2:52

good luck in your quest for your HS royalties!  Plenty of work, but go for it!  Encana does seem to pay royalties quicker than any of the other companies.  It does not suprise me that they would be the company involved in a situation like this.

Jack Blake

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