HomeMy WebLinkAbout915080
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C00302'
M. Kevin Voyles
LUTHI & VOYLES, LLC
P.O. Box 820
Thayne, Wyoming 83127-0820
Tel: (307) 883..7887
Fax: (307) 883-7889
Attorney for Petitioner
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN THE MATTER OF THE ESTATES OF
IN AND FOR THE CÔUNTY OF LINCOLN, STATE OF WYOMING
RECEIVED 1/10/2006 at 10:26 AM
RECEIVING # 915080
BOOK: 609 PAGE: 302
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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PROBATE NO. PR 2005-25 DC
BEVERL Y T. BRANSON, Deceased,
JACK 1. BRANSON, Deceased.
DECREE ESTABLISHING RIGHT AND TITLE
TO INTERESTS IN REAL PROPERTY
TillS MATTER comes before the Court upon the Petition filed by Petitioner Sherry 1.
Garcia, with her counsel, M. Kevin Voyles, of LUTHI & VOYLES, LLC, pursuant to Wyoming
Statutes § 2-1-205, for a Decree Establishing Right and Title to Interests in Real Property in the
Estates of her parents, Beverly T. Branson and Jack 1. Branson. The record of this Court shows:
1. That Petitioner's Petition initiating this action was filed herein on November 18,
2005.
IN THE MATTER OF THE ESTATES OF
BEVERLY T. BRANSON AND JACK L. BRANSON
PROBATE NO. PR 2005-25 DC
DECREE ESTABLISHING RIGHT AND TITLE
TO INTERESTS IN REAL PROPERTY
PAGE 1 OF5
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2. That In Petitioner's Petition, Petitioner has represented under oath, and in
accordance with the requirements of Wyoming Statutes §§ 2-1-201(a)(i) through (iv) and 2-1-
205, the following facts:
a. That Beverly T. Branson, also known as Beverly Ann Branson, died in
Idaho Falls, Bonneville County, Idaho, on April 18, 2000. Petitioner attached an original
copy of the Certificate of Death issued for Beverly Ann Branson as proof thereof.
b. That at the time of her death, Beverly T. Branson was a resident of Idaho
Falls, Bonneville County, Idaho; that she died intestate; and that at the time of her death,
she was married to Jack 1. Branson.
c. That other than her Petition, no application for appointment of a personal
representative for the Estate of Beverly T. Branson was completed in the State of Idaho
or elsewhere.
d. Pursuant to Idaho Code § 15-2-102(b)(1), all community property in her
Estate passed by law to her spouse, Jack 1. Branson.
e. That at the time of her death, Beverly T. Branson owned a one-quarter
interest as tenant in common in real property in Thayne, Lincoln County, Wyoming, as
shown by the Warranty Deed that Petitioner attached to her Petition.
f. That Jack 1. Branson died in Idaho Falls, Bonneville County, Idaho, on
June 12,2004. Petitioner attached an original copy of the Certificate of Death issued for
Jack 1. Branson as proof thereof.
g. That at the time of his death, Jack 1. Branson was a resident of Idaho
Falls, Bonneville County, Idaho; that he died intestate; and that at the time of his death,
IN THE MATTER OF THE ESTATES OF
BEVERL Y T. BRANSON AND JACK L. BRANSON
PROBATE NO. PR 2005-25 DC
DECREE ESTABLISHING RIGHT AND TITLE
TO INTERESTS IN REAL PROPERTY
PAGE20F5
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C00304
he was not married.
h. That other than her Petition, no application for appointment of a personal
representative for the Estate of Jack L. Branson has been completed in the State of Idaho
or elsewhere.
1. That at the time of his death, Jack L. Branson owned a one-half interest as
tenant in common in real property in Thayne, Lincoln County, Wyoming, a shown by the
Warranty Deed that Petitioner attached to her Petition and as a result of the death of his
wife, Beverly T. Branson.
J. That the real property interest owned by Jack L. Branson at the time of his
death had a fair market value of Seven Thousand Five Hundred Dollars $7,500.00.
Petitioner attached a sworn Report of Appraisal, made by a person with no legal interest
in the Estates of Beverly T. Branson and Jack L. Branson, establishing the value of the
property interest on the date of death of Jack L. Branson, as proof thereof.
k. That the value of the Estates of Beverly T. Branson and Jack L. Branson,
wherever located, do not exceed One Hundred Fifty Thousand Dollars ($150,000.00).
1. That more than thirty (30) days have elapsed since the deaths of Beverly
T. Branson and Jack L. Branson.
m. That pursuant to Wyoming Statutes § 2-4-101 (c )((ii), Petitioner is the only
living child of Beverly T. Branson and Jack L. Branson, and that there are no other
persons having any right to the property interests of Beverly T. Branson and Jack L.
Branson under the probate laws of the State of Wyoming.
IN THE MA ITER OF THE EST A TES OF
BEVERLY T. BRANSON AND JACK L. BRANSON
PROBATE NO. PR 2005-25 DC
DECREE EST ABLlSffiNG RIGHT AND TITLE
TO INTERESTS IN REAL PROPERTY
PAGE30F5
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3. That notice of Petitioner's Petition was made by publication, in accordance with
the requirements of Wyoming Stahlte § 2-1-205(c), for two consecutive weeks in a newspaper of
general circulation in Lincoln County. Petitioner has submitted proof thereof, an Affidavit of
Publication from the Publisher of the Star Valley Independent.
4. That no person has timely objected to Petitioner's Petition, and that no person
appeared for the hearing that was set herein through the published Notice of Petition.
5. That the record of this Court shows that the facts stated in Petitioner's Petition are
not in dispute.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
AS FOLLOWS:
1. That Petitioner, Sherry 1. Garcia, shall hereafter have, as tenant in common, all
right, title, and interest in and to the interests in real property that were vested in the names of
Beverly T. Branson and Jack 1. Branson, in the real p~operty identified in the Warranty Deed
that was attached to and incorporated into Petitioner's Petition, said Warranty Deed being that
which was recorded in the land records of Lincoln County, Wyoming on November 19, 1990, in
Book 291 PR at Page 682 as Instrument No. 725740, said real property being identified as
follows:
Star Valley Ranch Plat Thirteen (13) Lot Twenty-Four (24), as platted and
recorded in the Official Records of Lincoln County, Wyoming.
2. That hereafter the title to said real property is and shall be vested as follows:
IN THE MA ITER OF THE EST A TES OF
BEVERLY T. BRANSON AND JACK L. BRANSON
PROBATE NO. PR 2005-25 DC
DECREE ESTABLISHING RIGHT AND TITLE
TO INTERESTS IN REAL PROPERTY
PAGE40F5
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Joseph P. Garcia, a one-quarter interest, and Sherry L. Garcia, a three-quarter
interest, as tenants in common.
3, That as provided by Wyoming Statutes § 2-1-205(d), following the recoding of a
certified copy of this Decree in the Office of the County Clerk of Lincoln County, Wyoming, this
Decree shall be presumptive evidence of title to said real property.
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DATED this' 5' day of January, 2006.
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DENNIS L. SANDERSON
DISTRICT COURT JUDGE
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I Kenneth D. Roberts, Clerk of the Third
judicial District Court within and foresaid
county and in the State of foresaid, do
hereby certify the foregoing to b~e full.
true, and complet ~ f} PY·
SIGNED .. . ~ . . . . . . . . . .
IN THE MA ITER OF THE ESTATES OF
BEVERL Y T. BRANSON AND JACK L. BRANSON
PROBATE NO. PR 2005-25 DC
DECREE ESTABLISHING RIGHT AND TITLE
TO INTERESTS IN REAL PROPERTY
PAGE 5 OF 5
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