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HomeMy WebLinkAbout968204M. Kevin Voyles, 6 -2603 LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for the Estate of Genell Luthi IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING IN THE MATTER OF THE ESTATE OF The Court finds: GENELL LUTHI, Deceased. FILED -26fit BY A i- VUl.t�i. 6Y/ SEP 1 0 2012 Probate No. PR- 2012 -36 -DC ORDER AUTHORIZING THE SALE OF REAL PROPERTY IN THE ESTATE OF GENELL LUTHI KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DISTRICT LINCOLN COUNTY, STATE OF WYOMING THIS MATTER has come before the Court on the Petition of Petitioner Robert Ryan Luthi, Personal Representative of the Estate of Genell Luthi, with M. Kevin Voyles, of LUTHI VOYLES, LLC, attorney for the Estate of Genell Luthi, requesting pursuant to Wyoming Statutes 2 -7 -614 that the Personal Representative be authorized to sell real property in the Estate of Genell Luthi. The Court has reviewed the Petition and the record herein. 1. That the real property in the Estate of Genell Luthi is encumbered by a reverse mortgage, in the amount of approximately $95,000.00, payable to Wells Fargo Home Mortgage. IN THE MATTER OF THE ESTATE OF GENELL LUTHI ORDER AUTHORIZING THE SALE OF REAL PROPERTY IN THE ESTATE OF GENELL LUTHI PAGE 1 OF 3 mortgage, or even to make monthly payments thereon. 0026'3 2. That the Estate of Genell Luthi lacks funds sufficient to pay off the reverse 3. That the real property in the Estate of Genell Luthi has a fair market value of approximately $221,875.00, as shown in the real estate assessments prepared by a realtor licensed in the State of Wyoming, who is a person not interested in the Estate of Genell Luthi in any manner whatsoever. 4. That in order to forestall foreclosure by Wells Fargo Home Mortgage, which could result in no proceeds to the Estate, Petitioner has entered into a Real Estate Sale Purchase Agreement to sell the property to Randall B. Luthi for $200,000.00. 5. That the difference in Randall B. Luthi's offer to purchase the real property and the value of the property as established in the real estate assessment is intended to cover the costs of repairs that will be necessary to make the house on the real property habitable. 6. That the record herein reflects that Kirk Gregson Luthi, Tina Marie Luthi, and Robert Ryan Luthi, who are the heirs at law of Genell Luthi, and who are also the beneficiaries of her Last Will and Testament, have approved this proposed sale, have waived the hearing thereon that would otherwise be required by Wyoming Statutes 2 -7 -615, and have requested that the Court the proposed sale of the real property in the Estate of Genell Luthi. NOW, THEREFORE, IT IS HEREBY ORDERED: 1. That the Court hereby authorizes the Personal Representative of the Estate of Genell Luthi to sell the real property in the Estate; and IN THE MATTER OF THE ESTATE OF GENELL LUTHI ORDER AUTHORIZING THE SALE OF REAL PROPERTY IN THE ESTATE OF GENELL LUTHI PAGE 2 OF 3 2. That the Personal Representative may complete the proposed sell as set forth in the Petition to Randall B. Luthi for the sum of $200,000.00. IT IS SO ORDERED this (L day of September, 2012. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the l t day of September, 2012, copies of the foregoing pleading were sent by USPS, first class mail, postage prepaid, to the following persons: M. Kevin Voyles, 6 -2603 LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Kirk Gregson Luthi 32201 Mountain View Drive Black Diamond, Washington 98010 -8004 Tina Marie Luthi P.O. Box 162 Thayne, Wyoming 83127 -0162 S DEy ON ISTRICT COUR DGE IN THE MATTER OF THE ESTATE OF GENELL LUTHI ORDER AUTHORIZING THE SALE OF REAL PROPERTY IN THE ESTATE OF GENELL LUTHI PAGE 3OF3 OO2G 1