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RECEIVED 7/9/2008 at 3:56 PM
RECEIVING # 940416
BOOK: 699 PAGE: 571
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
JUL 7 2008
KENNETH D. ROBERTS
CLERK OF DISTRICT COURT
3rd JUDICIAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
In the District Court of the State of Wyoming,
In and for the County of Lincoln,
Third Judicial District
C"OOS71.
In The Matter Of The Estate Of:
Princess V an Dyke,
Deceased.
Probate No.: PR-2008-27-DC
DECREE OF DISTRIBUTION OF REAL
PROPERTY PURSUANT TO WS § 2-1-
205(a)
This matter carne before the Court upon the Verified Petition for Decree of Distribution of Real
Property Pursuant to WS § 2-l-205(a) of Vivien Charlotte VanDyke-Moss, also sometimes referred
to as "Vivien Charlotte Van Dyke", who was represented by Clay D. Geittmann of Mullikin Larson
& Swift, LLC. Based upon the Petition of the Petitioner and the pleadings and records in the Court's
file, the Court hereby finds as follows:
Findings of Fact
Based upon the Petition of the Petitioner, the pleadings and records in the Court's file, and this Court
being otherwise fully advised of the premises herein, this Court hereby makes the following findings
of fact:
1) Princess Van Dyke died testate on March 29,2008, and at the time of her passing Princess
VanDyke was a resident of Lincoln County, Wyoming and a citizen of the United States.
2) The value of the entire estate of Princess VanDyke, wherever located, less liens and
encumbrances, does not exceed one hundred fifty thousand dollars ($150,000.00).
3) More than thirty (30) days have elapsed since the death of Princess Van Dyke.
4) So far as is known or can be ascertained with reasonable diligence, no application for
appointment of a personal representative is pending or has been granted in any jurisdiction
regarding the estate of Princess VanDyke.
5) So far as is known or can be ascertained with reasonable diligence, Princess VanDyke was
not married at the time of her passing, and her only surviving heir is her adult daughter
Vivien Charlotte Van Dyke-Moss.
6) At the time of her death Princess VanDyke owned that certain real property located in
Lincoln County, Wyoming, and more particularly described as follows (hereinafter the
"Subject Property"):
Lot 139 of Star Valley Ranch Plat 5, Lincoln County, Wyoming, as described on the
official plat filed on June 30, 1971, as instrument number 431709 of the records of
the Lincoln County Clerk.
7) The Subject Property was recently appraised at two hundred fifty thousand dollars and no
cents ($250,000.00).
8) Notwithstanding the foregoing, the Subject Property is also encumbered by that certain
mortgage recorded on May 25,2007, as instrument number 929730, in Book 659, pages 424
through 448, of the records of the Lincoln County Clerk.
9) The mortgage and promissory note referenced therein were subsequently assigned and
transferred to Washington Mutual, Loan # 5304382210, both of which possess a payoff
amount of approximately one hundred eighty thousand dollars (-$183,000.00).
10) Accordingly, the current net value of the Subject Property is approximately sixty seven
thousand dollars and no cents ($67,000.00).
In Re. the Matter of the Estate of Princess Van Dyke
Decree of Distribution of Real Property Pursuant to WS § 2-1-205{a)
Page - 1 of 2
Ø00572
11) Pursuant to Article Fifth, Section 5.2, of the Last Will and Testament of Princess VanDyke,
all of her residuary estate is to be distributed to the Trustee of the Princess Van Dyke Living
Trust Agreement, U/AJD March 16, 1988, first amended, March 25, 1993, and second
amended October 28, 1997 (collectively the "Trust").
12) The Trust is entitled to receive title to the Subject Property subject to the mortgage in favor
of Washington Mutual, and there are no other distributes of Princess Van Dyke entitled to
receive title to the Subject Property under her Last Will and Testament or otherwise.
13) The Petitioner has caused a copy of the Petition to be delivered to the Wyoming Department
of Health even though it is not believed that Princess VanDyke received any benefits from
the Wyoming Department of Health prior to her passing.
14) The Petitioner received that certain May 29, 2008, letter ftom ACS Government Solutions on
behalf of the Wyoming Department of Health/Equalitycare, indicating that the State of
Wyoming does not have any claims against Princess VanDyke or her estate.
15) The Petitioner has caused notice of the Petition to be published in a newspaper of general
circulation in Lincoln County, Wyoming, in accordance with the provisions ofWS §2-1-
205(c), as amended.
16) More than thirty (30) calendar days have elapsed since the filing of Petitioner's Petition and
to date no objections have been filed with this Court in opposition of the Petition.
Conclusions of Law
Based upon the Petition ofthe Petitioner, the pleadings and records in the Court's file, and this Court
being otherwise fully advised of the premises herein, this Court hereby makes the following
conclusions of law:
17) The Subject Property is subject to disposition under WS § 2-1-205, as amended.
18) Petitioner has complied with the requirements ofWS § 2-1-205, as amended.
Decree
Based on the foregoing findings of fact and conclusions oflaw, this Court hereby orders, adjudges
and decrees as follows:
19) The Subject Property is hereby transferred and conveyed to the Princess Van Dyke Living
Trust Agreement, U/AJD March 16,1988, Charlotte VanDyke-Moss, Trustee, subject to the
mortgage in favor of Washington Mutual;
20) The Petitioner shall cause a certified copy of the Decree of Distribution of Real Property
Pursuant to WS § 2-1-205(a), to be recorded with the Lincoln County Clerk, and in
accordance with WS § 2-1-205( c), such recordation shall constitute presumptive evidence of
the current ~itle to the Property; and
21) Following the foregoing recordation of the Decree of Distribution of Real Property Pursuant
to WS § 2-1-205(a), with the Lincoln County Clerk this atter shall be closed.
D~tedthiSJ~~2008. .
orable Mi
District Court Judge ,
STATE OFWYOMlf~G 1
COUNTY Of UNCOlNj
55.
I, Kenneth D. Roberts, Clerh of the Third
Judicial District Cüurt \!;i'ithìn and foresaid
county and in the St,f-1tc oIforesaid, do
hereby certify tll: f".hng to be a full,
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In Re. the Matter of the Estate of Princess Van Dyke
Decree of Distribution of Real Property Pursuant to WS § 2-1-205(a)
Page - 2 of 2