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Home My WebLink About940667 FILE D BY~~ìll(k 0 C( c; nJ( . f I I 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, (",00400 Third Judicial District In The Matter Of The Estate Of: Princess VanDyke, Deceased. C/¡OOS71. Probate No.: PR-2008-27-DC DECREE OF DISTRIBUTION OF REAL PROPERTY PURSUANT TO WS § 2-1- 205(a) This matter came before the Court upon the Verified Petition for Decree of Distribution of Real Property Pursuant to WS § 2-1-205(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: ~ a::: w :2 a::: <C w <D 0 ~ c:'!.....ga::::2 <0 .- .... W W .....co..z~ ....cow roOC9C9~ co~<c~o::: oo)ll.:>w <0 -J £::!.... wü ......... z £::!C9 z~ ,....~oL5z C2=R-,;:) WW 0 >u~ u -wo z wo:::O -J U [l) 0 W u a:: z ::¡ 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 ofthe 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 Van Dyke was a resident of Lincoln County, Wyoming and a citizen of the United States. 2) The value of the entire estate of Princess Van Dyke, 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 ofPlÍncess 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 Van Dyke. 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 000572 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 VanDyke Living Trust Agreement, U/AfD 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 VanDyke 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 fromACS Government Solutions on behalf of the Wyoming Department of Health/Equalitycare, indicating that the State of Wyoming does not have any claims against Princess Van Dyke 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 of WS §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. ,-OC401. 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 oflaw: 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 of law, this Court hereby orders, adjudges and decrees as follows: 19) The Subj ect Property is hereby transferred and conveyed to the Princess Van Dyke Living Trust Agreement, U/AID March 16,1988, Charlotte VanDyke-Moss, Trustee, subjectto the mortgage in favor of Washington Mutual; 20) The Petitioner shall cause a ce11ified 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 title 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~ted this J, ~ 2008. orable Mi ro District Court Judge . STATE OF WYOMING J COUNTY Of LINCOLN I. Kenneth D. Roberts, Clerk of the Third Judicial District Court within and foresaid county and in the Sti!1te of foresaid, do hereby certify the t,y- 'Jlng to be a full, true~~~~;~ø~ê.b~~w\ ~hp¡cr S5. STATE OF WYOMING} SS. COUNTY OF LINCOLN r, Jeanne Wagner, County Clerk within and foresald county and In the dtate of foresald, do hereby certify the foregoing to be a fuff, true, and complete Con", \ " I " , // ..., 'w, '" ~ !~~~8'S;¿~Eb ~1/11,. J M j I ' ~:i 'g~:.v·A..q. ~ ~~ç~~r¡1 (!/m:/ ':. \ : ~ ~ .. :.\ .... ........", ((1:'" ...~A.. ~ ...... C'ó......·b\) " II I. N C \\ ///lil\l\\\\ 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