HomeMy WebLinkAbout958929IN THE DISTRICT COURT FOR THE THIRD JUDICIAL DISTRICT
OF THE STATE OF WYOMING IN AND FOR LINCOLN COUNTY
Docket No. PR 2011 -3 -DC FILE: D
IN THE MATTER
of the Estate of
BRIAN DERRICK HIVELY,
BY
MAR 7 2011
000524
KENNETH D. PO ER T S
Deceased. cL�: ;�a;f:, COURT
LINCOLN COUNTY, STATE OF WYOMING
ORDER GRANTING APPLICATION FOR SUMMARY
DECREE OF DISTRIBUTION OF REAL PROPERTY
THIS MATTER having come before the Court upon the Application for Summary
Decree of Distribution of Real Property filed herein, the Court having considered the
matter and being fully advised in the premises, finds as follows:
1. The applicants, Kevin J. Hively, John A. Hively and Vivian Hively, are the
heirs -at -law and are the applicants by virtue of their claim as the only distributees entitled
to the real property of the decedent.
2. The decedent died on August 6, 2009, a resident of Stevenson, Washington.
3. A diligent search and inquiry has been made to determine whether the
decedent left any Last Will and Testament but no such instrument has been found.
Therefore, to the best of the applicants' knowledge and belief, the decedent died intestate.
4. The entire estate of the decedent within the jurisdiction of this Court and the
purview of Wyoming law, wherever located, less liens and encumbrances, does not
exceed $150,000.00.
5. More than thirty (30) days have elapsed since the date of death of the
decedent.
6. No application for appointment of a personal representative for the estate of
the decedent is pending or has been granted in any jurisdiction within the meaning of
Wyo. Stat. 2- 1- 201(a)(iii) and 2- 1- 205(b) and (d).
7. Kevin J. Hively is the surviving brother and John A. Hively and Vivian
Hively are the surviving father and mother of the decedent and are the applicants by
virtue of their claim to be the lawful distributees entitled to the real property pursuant to
RECEIVED 4/19/2011 at 11:15 AM
RECEIVING 958929
BOOK: 765 PAGE: 524
.1FANNE WAGNER
Wyo. Stat. 2 -4 -101. There are no other distributees of the decedent having a right to
succeed to the real property of the decedent under probate proceedings.
8. The decedent died without any children. Therefore, pursuant to Wyo. Stat.
2- 4- 101(c)(ii), the real property is to be distributed to the decedent's father, mother and
brother, to wit: John A. Hively, Vivian Hively and Kevin J. Hively, in equal parts.
9. The application is made with respect to the decedent's real property located
in Lincoln County, Wyoming and more particularly described as:
Lot 61, River View Meadows Second Addition to the Town
of Alpine, Lincoln County, Wyoming within the SE of
Section 30, T37N, R118W, according to that plat filed
February 11, 1994, Plat No. 264 -D, Instrument No. 778568.
10. A sworn report of appraisal of said real property by a person having no
legal interest in this estate, showing the value of the property, less liens and
encumbrances, on the date of the decedent's death is attached to the application filed
herein.
ORDER GRANTING APPLICATION FOR SUMMARY
DECREE OF DISTRIBUTION OF REAL PROPERTY
Docket No. PR 2011 -3 -DC
P '3
000525
11. An Affidavit of Publication of the notice of the Application for Summary
Decree of Distribution of Real Property, indicating publication of said notice once each
week for two consecutive weeks in the Kemmerer Gazette, a newspaper of general
circulation in Lincoln County, Wyoming, has been filed herein.
12. No objections against said Application have been filed herein.
13. The Application for Summary Decree of Distribution of Real Property of
Kevin J. Hively, John A. Hively and Vivian Hively should be granted.
NOW, THEREFORE, it is hereby ORDERED, ADJUDGED and DECREED as
follows:
1. The Application for Summary Decree of Distribution of Real Property filed
herein should be, and the same hereby are, granted.
2. There is hereby distributed to Kevin J. Hively, John A. Hively and Vivian
Hively, an undivided one -third (1/3) tenancy -in- common interest in and to the real
property located in Lincoln County, Wyoming and more particularly described as follows:
Lot 61, River View Meadows Second Addition to the Town
of Alpine, Lincoln County, Wyoming within the SE1/4 of
Section 30, T37N, R118W, according to that plat filed
February 11, 1994, Plat No. 264 -D, Instrument No. 778568.
DATED: March 7 2011
ATTORNEY FOR APPLICANTS:
Erika M. Nash
Wyo. State Bar No. 6 -3867
Long Reimer Winegar Beppler LLP
P.O. Box 3070
Jackson, WY 83001 -3070
(307) 734 -1908
(307) 733 -3752 fax
STATE OF WYOMING SS,
COUNTY OF UNCOLN
ORDER GRANTING APPLICATION FOR SUMMARY
DECREE OF DISTRIBUTION OF REAL PROPERTY
Docket No. PR 2011 -3 -DC
Page 3 of 3
I, Kenneth D. Roberts, Clerk of the Third
Judicial District Court within and foresald
county and in the State of foresaid, do
hereby certify the foregoing to be a full,
true, and complete copy.
SIGNED::.A:.:r�:..I.L
000526