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James Tack Jr
Robertson & Williams
Badges
Claimed Lawyer ProfileQ&AResponsive Law
Practice Areas
- Energy, Oil & Gas Law
- Utilities
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Real Estate Law
- Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Fees
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Oklahoma
- Oklahoma Bar Association
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- Texas
- State Bar of Texas
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Languages
- English
Professional Experience
- Partner
- Robertson & Williams
- - Current
- Partrner
- James D. Tack, Jr. P.C
- -
- Partner
- McAfee & Taft
- -
- Associate
- McAfee & Taft
- -
Education
- Washburn University School of Law
- J.D. (1977)
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- Cornell University
- B.S. (1973) | Engineering
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Professional Associations
- Oklahoma Title Examination Standards Committee
- Member
- - Current
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- Rocky Mountain Mineral Law Foundation
- Member
- - Current
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- Oklahoma City Mineral Lawyers
- Member
- - Current
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- Oklahoma Bar Association # 8817
- Member
- - Current
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- American Bar Association
- Member
- - Current
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- Oklahoma County Bar Association
- Member
- - Current
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Speaking Engagements
- How do I fix that? Curing Title Defects, OCAPL/AAPL Field Landman Seminar, Norman, OK
- OCAPL/AAPL
- 1. Preparing the Opinion and Drafting Title Requirements, 2. Statutory Pooling, and 3. Ethics Panel, Washburn School of Law, Oil and Gas Title Examination Course, visiting lecturer, Topeka, KS
- Washburn Law School
- Oklahoma Title Standards and Statutory Curative Acts, NBI Seminar: Ultimate Guide to Oil and Gas Title Law, Oklahoma City, OK
- National Business Institute
- Lease/Ownership Challenges, Disputes and Negotiations, NBI Seminar: Frac Law From Land Contract Negotiations to Environmental Disputes, Oklahoma City, OK
- National Business Institute
- Fracking: Land Lease Negotiations & Environmental Concerns, NBI Teleconference
- NBI
Legal Answers
73 Questions Answered
- Q. None
- A: The law on this is uncertain, but it could be sometimes.
- Q. What is the process for making the oil company to pay out the royalties owed to our branch of the family?
- A: In order for companies to be obligated to pay, they have to know that they are paying the correct person. The person to be paid must have "marketable title." In order to do that they must have completed probates for each of their predecessors who died while owning the minerals. In cases where the interests are very small (the dollar amount paid out), a company may choose to rely upon an affidavit of heirship. They are not obligated to rely on an affidavit unless it has been of record for 10 years and other certain requirements have been met. Although it was common wisdom in Oklahoma from "great aunts" to never sell your minerals, through the generations, they get split up to such tiny portions, that they can become valued less than the cost to transfer them. Although each situation is different, we believe that mineral owners should consider the size and value of the interest before they continue to split them up amongst their heirs. see https://robertsonwilliams.com/mineral-interest-management-for-families-101/ You should consult and oil and gas attorney to help you with this issue.
- Q. My grandfather died in 1988 in OK. A probate was initiated but never finalized. Is there a remedy?
- A: An attorney would have to review the entire probate and any other related transactions to see if there were any cause of action. Unjust enrichment is an equitable action and subject to equitable defenses such as laches. Unjust enrichment is an action that is highly dependent on the the facts and actions of the parties. You should consult with an attorney to see what if anything can be done for your situation.
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