For Those with Real Estate Holdings Earlier this week I wrote a blog on the advisability of placing real estate holdings in a trust. That led me to review the relative strengths of real estate being owned by a trust as opposed to a limited liability company. A STRAIGHT UP COMPARISON Trusts are established pursuant
There are many types of trusts: revocable and irrevocable; living trust and testamentary trusts; special needs trusts; and the list goes on and on. This blog is not meant to be an exhaustive analysis of trusts. Rather, it is intended for the individual with real estate holdings in addition to his or her personal residence
As our clients know, our focus is always on our clients. Our offices are “ultra” private and “ultra” accessible. Additionally, we are a “paperless” office with the ability to work anywhere in the world (we actually confirmed that by working in Italy last fall). Indeed, we were made for this “Covid-19” moment. But importantly, you
In case you haven't noticed, the price of oil has tanked. As the price of WTI continues to hover under $40, things are probably going to get worse before they get better. So what happens when royalty owners, working interest owners, and overriding royalty owners receive notice that their operator has gone bankrupt and how
This is a special blog due to an experience I recently had over an oil and gas receivership lease. TEX. CIV. PRAC. & REM. CODE §64.091 et seq. provides a method whereby oil companies, who are unable to locate missing mineral estate owners and their heirs, may obtain a “receivership lease” from the missing mineral
In case you have not heard, things are bad! The world faces a pandemic, the bottom has fallen out of the stock market, and the price of oil is headed to zero. Whenever you read, “shelter in place” – assume things are not going well. One option of course is to simply “panic.” Follow all
Well, the price of oil is up a "bit" today. Here is a good reminder when drafting those "nasty" indemnity clauses: In every purchase and sale agreement, there is an indemnity clause. Indemnity clauses, which appear in many, many contracts and many, many types of contracts, are drafted to relieve one party to the contract
In today's disrupted oil and gas industry, expect to see a number of "emergency" business transactions. Our abilities to be effective in our negotiations may make a big difference for our clients. While this blog focuses on buying and selling oil and gas properties - it is applicable to all business transactions and negotiations. This
Hello friends. On December 17th, I will be presenting at a one-day educational seminar in Austin that will address easements, rights of way, and eminent domain. This is a good seminar for attorneys, right of way agents, landmen, engineers, surveyors, and administrative personnel. It will be approved for continuing education credits for virtually all professions.
Oil and gas title examinations are tough – and recent Texas Supreme Court and appellate court decisions on the construction of old royalty conveyances and reservations have complicated the examination process. These days it is hard to determine whether that 1950s deed reserved a “fixed royalty” (e.g. a 1/32nd interest in the oil and gas
