Will Contests in Ohio – Frequently Asked Questions
If you expected an inheritance from a loved one but did not receive it, or received less than anticipated, you may have a good reason to challenge the deceased person’s last will and testament. Challenging the validity of a will is commonly called a “will contest,” and the person who created the will is called the “testator.” Who may contest a testator’s...Read More
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Frequently Asked Divorce Questions
How long does divorce take in Ohio? The length of a divorce proceeding depends on the type of divorce being pursued, and how agreeable the spouses are. The fastest route is a dissolution of marriage. Dissolutions require fully cooperative spouses, and can be finalized about 30 days after court filing. The longest route is likely a contested divorce, which might not be resolved for years....Read More
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Obtaining Unexpected Profits from Ohio’s Dormant Minerals Act
Overview Ohio’s dormant minerals act (DMA) is designed to rejuvenate abandoned oil and gas reservations by granting them to the surface owner (a more detailed explanation of the DMA can be found here). A basic DMA process with one oil and gas holder: In a very basic scenario, the Surface Owner notifies the oil and gas Holder that their rights will be declared abandoned in 60 days. In...Read More
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Non-Consenting Landowners and Conflicts Between Leases
This article discusses situations arising when several people own the same piece of land, and only some of them sign an oil and gas lease. Resolving this issue requires a discussion of basic property ownership principles. Types of Land Ownership Ownership in land takes many forms. Some individuals are the sole owner of their land. Another piece of land could be owned by several people, such...Read More
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Frequently Asked Questions – Asset Protection
What is Asset-Protection Planning? Asset-protection planning is about organizing your affairs so that the risks of possible future claims by third parties are properly managed and minimized. By organizing one’s affairs thoughtfully, a client can significantly reduce exposure to catastrophic claims. Who is a typical asset protection client? The typical asset protection client is a relatively...Read More
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Fracking Bans and Eminent Domain
As shale drilling increases across the country, fracking bans do, too. In New York, for example, more than 50 municipalities have issued moratoriums or even outright bans on fracking. Many Ohio municipalities have followed suit. A lawsuit addressing this issue is currently pending before the Ohio Supreme Court: Munroe Falls vs. Beck Energy. Are municipal fracking bans legal? This question...Read More
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Free Gas Issues
Many oil and gas leases provide the lessor with free gas. This provision was fairly common in older leases, but has disappeared to a large extent for newer leases tailored to shale gas wells. Here is a list of frequently asked questions and concerns about landowners exercising their right to free gas under an oil and gas lease: Who is entitled to free gas? You may be entitled to free gas if...Read More
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