Wells are in Payout, so why am I being billed?

Hi all, apologies that this is somewhat confusing. I’m at a loss to understand what is happening!

Background: As my dad’s only heir, I inherited a fractional mineral interest in Ector, Upton and Midland counties in Texas. My uncle, my dad’s brother, who had the same fractional interest, was offered a lease by Diamondback. I was not offered one. I tried to reach them a few years ago, and gave up after writing a couple of times. (slightly off topic: Devon also offered my uncle a lease on the same area several years ago and didn’t offer one to me, even though I wrote to them). Since then my uncle’s estate (exact same proportional interest) has been receiving checks from Diamondback (I assume he signed a lease) but I’ve never received anything.

Anyway, last month Diamondback wrote to me that the “FOUR CORNERS” wells in these three counties have reached payout and asked me to sign “Payout Division Orders,” which I returned to them, along with the requested 1099 form and a Direct Deposit form and voided check. So I (reasonably, I think) assumed that I would be receiving funds at some point. This was for specific acreage in Sect. 14, blk 42, and Sect. 23, blk 42. Orders say Interest Type MI, Pay Code SUSPEND, Owner ISQ 01, and Suspense Description: LACK OF TAX ID. I provided the tax ID on the division orders.

TWIST: But now they have sent me a 61-page detailed “Operator Invoice–JIB” asking me to pay them $664 for the month of November. And presumably every month? I’m so confused! If the well has reached payout, shouldn’t they be SENDING me money instead of billing me? Or sending me the net after costs? I’ve searched the internet for days and read this Forum, but can’t find any information or answers on this topic. $624 per month is a lot of money and will add up quickly – what does this mean?

Any light you can shed would be greatly appreciated, or any suggestions where I could turn to understand what is going on.

P.S. One more strange thing – I sold my interests in Crane County (identical decimal interest as in the other three counties) for a very reasonable amount, but learned afterward that there was $23,000 sitting in suspension for me, which went to the purchaser! Was there any way for me to know this in advance? How can I tell if there are similar monies being held in suspense/suspension for me in any of these other three counties? I don’t even know what companies work there or who to ask. I assumed that at some point they’d have to send owed money to Texas as Unclaimed Property, where I could then claim it, but that didn’t happen with whatever company was holding the Crane monies.

Except for the Crane sale, I don’t think I’ve received more than a few hundred dollars a year in the 14 years since my dad passed (mostly from Oxy and Chevron), though it seems my uncle was receiving quite a lot more. I’m pretty sure the $622 owed to Diamondback just for November is more than I’ve received in a single year, ever!

I would be very grateful for any guidance you could offer me. My dad’s estate documents (and his dad’s, from whom he and Snider inherited these interests) have long been filed in all of these counties, in 1988 and 2011 respectively, and my dad had an unusual enough name that he comes right up in a Google search. How can these companies just put money in suspension without making ANY effort to find the owner whose estate (specifically naming those properties) are recorded in the relevant county.

To anyone who managed to get all the way to the end, thank you for your patience and kindness!

Contact the Division Order analyst at Diamondback for the wells in question. Explain what you have mentioned above and see what the situation is. It looks like they have you as a working interest owner which your dad may have owned or happened due to you not getting a lease in the right time frame. Ask for copies of documents that they hold that would explain the situation for you. If you do not want to be a working interest owner, you may be able to convert to regular royalty owner, so ask about having the WI bought out and you retaining a 25% royalty.

On the sale issue in Crane. I am sorry it happened to you but it is the mineral owner’s duty to contact operators and the unclaimed funds at the state before a sale to make sure there are no outstanding royalties. The buyers are very sophisticated about tracking that sort of thing down and they want them as part of their purchase package.

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Thanks, I will give them a call. I appreciate your advice, but I’m still baffled by receiving Payout Division Orders and direct deposit forms and request for my W-9, followed incongruously by an invoice – is this normal?

But about the suspension accounts, I didn’t even know such a thing existed – I thought unclaimed funds had to be sent to the state. I did apply for all of the Texas Unclaimed property in my dad’s name, and received it. It seems wrong that unclaimed funds that are over 10 years old would not have made its way to Unclaimed property and instead sitting in an (unknown to the owner of the funds) operator’s account.

I understand you are saying that it is the mineral owner’s duty to contact operators about suspension (suspense? what is the correct name?) accounts, so can you tell me how to do that in these three remaining counties, since I already lost the $23,000 in Crane?

I have NO idea how to identify the (perhaps many) operators in Ector, Upton, and Midland, and don’t even know where to start. In my experience the operators DO NOT respond to inquiries (see, e.g. Diamondback, Devon) but I’m going to try my best!

Bottom line: Can anyone tell me how can I identify who the operators are in these three remaining counties, so that I can at least TRY to find out if there are more suspense accounts in those counties?

P.S. It’s a bit unnerving, and seems inappropriate, that the operators in Crane county told OTHER people (i.e. the folks who bought my mineral rights) that there was a lot of $$$ in suspension for me, but didn’t tell ME or the state unclaimed property.

Thanks to anyone who can help!!!

An unleased mineral interest in a well is a working interest (WI) in the well. As you do not pay the drilling, completion and operating costs up-front, then those costs are deducted from well revenues until ‘payout’ which is the moment when revenues equal all costs to date. After that time, the unleased mineral owner is still a WI, so you receive your share of sales revenues and pay your share of expenses. Generally you will receive a check with detail about sales and also a JIB (joint interest billing statement) with the costs. Look at the detail and see if the bill you received is for a single month or actually an accumulation of multiple months of unpaid expenses since the date of payout. If you convert to a royalty interest, then you will receive less income but also not be charged with the well costs.

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To find the revenues, you need to look at the legal description to see where the minerals are located and then at RRC GIS viewer map for wells on or adjacent to your minerals. The RRC data on the well will include the operator and then you can contact that company about accumulated and unpaid royalties. Be prepared to spend time learning how to do this research. As to the lease problem, your father and uncle had title through someone such as your grandparent. When your father died, you needed to establish clear title to his minerals before the oil company would lease and pay royalties. This is generally through probate of his will and then filing probate in deed records in county where minerals are located. If title was still in your deceased father, then either royalties accumulated in his name under an old lease or the minerals remained unleased and became a working interest.

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Might be a good time to contact a lawyer if you know one. I have the same trouble getting in company to respond. They are more forthcoming when it comes from a lawyer. Make sure they know oil and gas. Do keep putting in calls and emails til you get an answer or someone to talk to. Good luck!

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Many thanks for your replies, and especially for the information about the existence of the GIS viewer map to locate wells.There’s quite a steep learning curve, but I have been working on this for about 15 hours so far, and am making progress. I’m determined to track these down and contact each of the operators.

Unlikely I suppose, but I’m wondering whether anyone would recognize these locations offhand: My interests are “All of Sections 14, 22, 26 and 28.” All are in block 42, Township 4 South, in Ector/Upton/Midland counties. I already sold my interests in Section 20, Crane County.

P.S. Regarding title, when my grandfather passed and left the minerals to my dad and his brother (my uncle) my grandfather’s judgement of possession was filed in each county by the estate lawyer. That was in 1988. Then when my dad passed, in 2011, his judgement was also filed in each county. Because at least two counties said when I called them that they couldn’t find my dad’s judgement, I re-filed it in all four counties (triple-certified from Louisiana) in 2021. But still nothing from any of the operators.

I’m going to keep trying to dig out the information, and find a lawyer if necessary, but I don’t know whether the rights I have are worth enough to incur large attorney fees!

I appreciate each of you for taking the time to help me!

@M_Barnes Thank you SO MUCH for the Abstract numbers for my four sections in Block 42. I hadn’t been able to figure out how the Abstract number fit in. Your kind help means a lot to me!