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Real Estate, Oil & Gas and Real Estate, Oil & Gas and Estate Planning Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER LLP

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Page 1: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

Real Estate, Oil & Gas and Real Estate, Oil & Gas and Estate PlanningEstate Planning

Real Estate, Oil & Gas and Real Estate, Oil & Gas and Estate PlanningEstate Planning

OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERSOIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS

OIL AND GAS LAW

PANELIST

JOHN B. HOLDEN, JR., JACKSON WALKER LLP

Page 2: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

Typical Documents To Be ReviewedDeed

Mineral DeedMineral Reservation

Royalty Lease

Seismic PermitPipeline Right-of-way

Page 3: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

Who owns the minerals• Title Opinion• Title Insurance• Form of Deed• Default Passage

Who owns the minerals• Title Opinion• Title Insurance• Form of Deed• Default Passage

Page 4: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

Surface vs. Subsurface Minerals are Dominant Estate Getty Case Executive Rights

Surface vs. Subsurface Minerals are Dominant Estate Getty Case Executive Rights

Page 5: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

Lease• Bonus• Delay Rental• Shut-in Payment• Royalty

Lease• Bonus• Delay Rental• Shut-in Payment• Royalty

Page 6: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

Other Documents Division Order Pooling Agreement, Amendment

• Non-participating Royalty Interest• Overriding Royalty Interest

Other Documents Division Order Pooling Agreement, Amendment

• Non-participating Royalty Interest• Overriding Royalty Interest

Page 7: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

Title• County Deed Records• Real Property• Title Insurance Schedule

Title• County Deed Records• Real Property• Title Insurance Schedule

Page 8: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

Ownership• Personal• Corporation

Subchapter S

• LLP• LLC• FLP

Ownership• Personal• Corporation

Subchapter S

• LLP• LLC• FLP

Page 9: Real Estate, Oil & Gas and Estate Planning OIL & GAS FUNDAMENTALS FOR FAMILY LAW PRACTITIONERS OIL AND GAS LAW PANELIST JOHN B. HOLDEN, JR., JACKSON WALKER

JOHN B. HOLDEN, JR., JACKSON WALKER LLP