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Posted by on Jul 13, 2017 in Mineral Rights | 0 comments

Why Selling Mineral Rights may be Wiser

If there is one thing that’s certain about selling mineral rights, it’s the cash that is ready to be placed in your hands – not tomorrow, but today. The oil and gas business is definitely risky and shaky so that an offer amounting to millions of dollars today can suddenly go kaput because of the “hold on and never sell” principle.

Selling mineral rights is still a hot issue among property owners along shale regions – areas where oil and gas exploration activities are most active. These areas include the Marcellus shale, Niobrara shale, Haynesville shale and Eagle Ford shale, among others. Places where exploration for gas and oil is intense means a significant cash bonus for owners, but only if their mineral rights are on lease at the moment or owners would decide to sell mineral rights for a really big lump-sum.

Not long ago, one family was offered $4 million, while another was offered as much as $12 million by a company willing to buy their mineral rights. Both refused to sell, thinking that their properties would produce much and that the amounts were not big enough.

Wells were drilled near their properties, not long after; the natural gas produced from the drilled sites, however, was far below than what the company had hoped for. Good for the company – it did not have to spend millions of dollars for nothing. For the two families, though, it was a very, very big and disappointing loss for what could have given them millions of dollars are now worth nothing at all.

Can holding on to mineral rights prove wiser than selling it? Even big companies with producing leaseholds decide to sell eventually – this is the trend in the oil business. Many owners too, in the past, have stuck to the practice of selling their rights than leasing or holding on to these. The amount you can get from the sale will also definitely be useful for future financial concerns such as retirement funds and the education of your child/children. A part of it may also be used for a relaxing vacation, a holiday escapade which you deserve, or to pay off the balance of your mortgage (if you have mortgaged your property), to save it from being foreclosed or to save you from having to file for bankruptcy.

Thus, choosing not to sell when a company offers to buy can be a decision that you may regret in the future. On the other hand, opting to hold on to your property and leasing it instead may also yield fruit in due time; the only question is, how long will that time be?

Some owners decide on leasing half of their mineral rights and keeping the other half untouched. A wise decision? What if the leased half comes short of the company’s expectations, or worse, produces nothing at all? Your whole property will then be worth nothing.

You can base your decision on these two arguments, then; take the risk of not selling, which can end up with your property being worthless or worth very little, or decide to sell everything, which can save you from the inconvenience of negotiating with the leasing company and which will allow you to immediately put to use and enjoy the big cash that is ready for payment. Which will it be?

 

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Posted by on Apr 2, 2017 in Divorce | 0 comments

Divorce Arbitration: This may just be the Right Divorce Process for You

Take away the complexity of the divorce process and what remains can be an emotional and demoralizing experience heard and decided by a judge in a court where anyone can sit in to witness the whole procedure. But besides the divorce process itself, there are also the many other issues, such as spousal support, division of assets, properties and debts, and child custody, child support and visitation rights, which can be equally stressing, especially if one spouse would try to prove that the other is an unfit parent to the child.

It cannot be argued that it would require court hearings in order to settle some divorce cases, specifically those wherein divorcing couple refuse to agree and choose not to give in to each other’s demands or wishes. Once a divorce case is filed in a court, however, couples should know that when a judge makes his/her decision, such decision is final, whether the spouses find it agreeable (a court decision may be changed by a judge, though, after the party requesting for a change is able to present new evidences that will substantiate his/her claim. One example is a request for an increase in the amount of child support due to a promotion or a considerable increase in the salary of the obligor or non-custodial parent).

There are divorcing couples, though, who choose to maintain the privacy of their marital problems and prefer to make their own decisions on all matters that they need to settle. Towards this means of settling divorce, some choose arbitration.

Divorce Arbitration is a process wherein an arbitrator or a third party individual (can be a lawyer or a retired judge), who acts as a private judge, is chosen and hired by the spouses themselves. After the spouses prepare their arguments and evidences which will be presented to the arbitrator by their respective lawyers, the arbitrator decides on their case based on the arguments and evidences presented. The divorce issues that can be settled in arbitration include child custody, visitation rights and schedule, child and/or spousal support, division of property and assets, and modifications to a former divorce decree.

An article on divorce arbitration that is found in a website with the address, www.marshalltaylorlawfirm.com, it is said that, “Though many divorces are taken care of through uncontested settlements, some couples are not able to reach an agreement on divorce terms and require legal action to settle. However, this does not mean that every couple has to go to court and do battle with their spouse. Divorce arbitration provides an alternative to court that allows couples to resolve their divorce settlement disagreements without an extensive, expensive court trial. Instead of a judge hearing a case in court, an objective third party – an arbiter – hears the case from each party and then makes a decision.

Some benefits of divorce arbitration include:

  • Selection of arbiter by the couple
  • Avoidance of a nasty and public court battle
  • Saving a little money (court is expensive)
  • Time-sensitive arbitration: you pick the time of meeting

These benefits have convinced many couples that divorce arbitration is the best way to settle their divorce settlement disagreements, and an experienced divorce attorney can help you decide if this choice is right for you.”

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Posted by on Jan 6, 2017 in Sex Crimes | 0 comments

Sexual Battery

Crimes that inflict severe harm to innocent victims are considered serious offenses under both federal and state laws. These are given very heavy punishments, such as costly fines and many years of imprisonment (some are even given life sentences).

Examples of these serious offenses include treason or betrayal of one’s country, which is the most serious in the U.S., murder or the unlawful planned killing of another person, and sex crimes, such as rape, predatory sexual assault, sexual battery and sex offenses committed against a child.

Sexual battery, specifically, refers is any form of non-consensual or unwanted sexual contact or touching, without involving sexual intercourse or penetration (in some states, however, this crime is called criminal sexual penetration, rape, sexual assault, child molestation or indecency with a child, if the sexual contact is done to a minor. This type of sexual crime is also most often committed by someone who may be a relative, a dating partner, a classmate, a neighbor, an acquaintance, a co-worker, a friend, a family member, or even a spouse. While each state has its own statutes on sexual battery, the term/s used to refer to the crime also varies/vary from one state to another.

Contrary to what many think that sexual battery is motivated by sexual desire, the act is rather an aggressive attack and a violent crime that is aimed at humiliating, hurting and controlling the victim through sex (which is used as a means or weapon). In some states, if the crime is committed by someone over 17 years old to a victim below the age of 12, with the victim eventually sustaining injuries to the sexual organ as a result of the assault, then the crime is considered a capital felony, the sentence for which can be life imprisonment or death.

Sex crime defense lawyers know how serious it is to be accused of a sex offense. It can be a very challenging case to defend, especially is the authorities are biased, working hard to prove the guilt of the accused, failing to consider the possibility of his/her innocence. In a trial case, though all evidence may seem directed at convicting the accused, a very strong defense may turn the tide and result to an acquittal. However, this may be possible only with the help of a highly-competent sex crime defense lawyer.

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Posted by on Mar 27, 2016 in Personal Injury | 0 comments

Personal Injury Demand Letter

If you have decided to file for a personal injury claim against the other party involved in your car accident, then one of the considered important steps is the demand letter. The demand letter is the document that contains vital information about the accident and the medical treatment. It is vital that your demand letter is well-made because it also raises the opportunity of negotiating a settlement, and a poorly-written one can make or break a resolution to your personal injury claim.

A demand letter should be drafted after you have been released from your physician’s care or in another way have achieved a maximum point of healing. It is important to include the exact order of events that lead to the accident and other helpful information regarding the accident in order to inform the insurance company your own account of the events and provide them a brief look of the possible testimony they might hear should the case go to court. According to the Hankey Law Office, backing your version of events with police reports, witness testimonies and medical reports will help in establishing fault and that the reckless or negligent actions of the other party caused the accident.

Make sure that detail such as the severity of the injuries, medical expenses, lost wages, and other miscellaneous damages and inconveniences are clearly given and provided in your demand letter because this will dictate the amount of compensation or monetary demand you will ask from the insurance provider. The amount of monetary demand you will ask may have to be essentially higher than the expected recovery or compensation in order to allow for negotiation between parties.

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Posted by on Oct 27, 2015 in Brain Injury | 0 comments

Cerebral Palsy Info

Raising a child experiencing cerebral palsy can be quite painful, difficult and expensive for any household. This brain disorder may either partially or fully remove a child’s capability to execute and actively be involved in fun-filled activities and, depending on the rigor of the ailment, a serious kind of cerebral palsy may definitely require medical care for rest of the child’s life.

Cerebral palsy is an umbrella phrase which is employed to describe several persistent and incurable brain disorders that hinder a child’s motor abilities, coordination, balance, and other capacities.

According to the website of The Centers for Disease Control and Prevention, over 500,000 children are currently suffering from this injury, which may be congenital or acquired in nature, and about 10,000 more get it every year. The issues related with cerebral palsy include issues with movement and reflexes, abnormal muscle tone, inadequate muscle development, misaligned joints, deformities in bones, extreme tiredness as a result of walking and move, difficulties in swallowing, vocabulary and speech, eating and breathing issues, learning disabilities, cognitive impairment and so on.

There are four major forms of cerebral palsy, each being based on the specific effects of the disorder:

  • Spastic cerebral palsy, which can be the most typical type suffered by patients has five sub-types which include: diplegia, where both thighs get impaired more generally than equally arms; quadriplegia, the most severe type of spastic cerebral palsy as it impairs all limbs; hemiplegia, which influence the limbs on a single side of the body; monoplegia, where only one limb is affected: and, triplegia which changes three limbs.
  • Athetoid cerebral palsy, Unconscious drooling or dyskinetic cerebral palsy, which will be characterized reflex and by gradual, writhing of the hand, arm or leg, along with athetoid cerebral palsy and facial grimaces.
  • Combined cerebral palsy is a mix of any two kinds of cerebral palsy in a patient. The most common combination, however, is athetoid and spastic.
  • Ataxic Cerebral palsy, which is characterized by difficulty in keeping motions that are wobbly or tremors and balance. A child suffering from ataxic cerebral palsy can be viewed as jerky or clumsiness.

Victims of medical negligence resulting in cerebral palsy have rights that may entitle them to receive settlement for the damages due to the injury. For better information, visit the website of the cerebral palsy lawyers of the Driscoll Firm.

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