HomeMy WebLinkAbout975263STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
In the Matter of the Estate Of
BRADLEY D. MOREHOUSE
Deceased.
ORDER APPROVING PETITION FOR FINAL DISTRIBUTION, FINAL DECREE
OF DISTRIBUTION, AND FINAL DISCHARGE OF PERSONAL REPRESENTATIVE
In the Matter of the Estate of Bradley D. Morehouse,
Third Judicial District, Lincoln County, Wyoming Probate No.2007 -36 -DC
ALBANY COUNTY, LARAMIE, WY JACKIE R. GONZALES, ALBANY CO CLK
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1/27/2011 9:52 AM #2011 -518 1 OF 3
IN THE DISTRICT COURT
THIRD JUDICIAL DISTRICT
Probate No. 2007 -36 -DC
DECREE APPROVING PETITION FOR FINAL DISTRIBUTION;
FINAL DECREE OF DISTRIBUTION AND
FINAL DISCHARGE OF PERSONAL REPRESENTATIVE
THIS MATTER coming before the Court, and the Court having before it for its
consideration the PERSONAL REPRESENTATIVE'S FINAL REPORT AND ACCOUNTING AND PETITION
FOR FINAL DECREE AND DISTRIBUTION OF ASSETS, CLOSING OF THE ESTATE AND DISCHARGE OF
PERSONAL REPRESENTATIVE filed herein by Leslie Morehouse, Personal Representative of the
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Estate of Bradley D. Morehouse, deceased, and the Court being fully advised in the premises,
finds as follows:
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1. PERSONAL REPRESENTATIVE'S FINAL REPORT AND ACCOUNTING AND PETITION Q Y
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FOR FINAL DECREE AND DISTRIBUTION OF ASSETS was properly filed herein on July 22, 2010, Q u
and approved by the beneficiaries herein and by order of the Court. co
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2. The NOTICE OF FINAL SETTLEMENT OF ESTATE was properly filed herein on July o u u
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26, 2010, together with the AFFIDAVIT OF MAILING thereof filed on July 26, 2010 and the M u
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AFFIDAVIT OF PUBLICATION thereof filed on August 23, 2010. w J
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3. The SUPPLEMENT TO PERSONAL REPRESENTATIVE'S FINAL REPORT AND D 0- Z
ACCOUNTING AND PETITION OF FINAL DECREE AND DISTRIBUTION OF ASSETS was filed herein on M z °D
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September 24, 2010. o z
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4. All taxes due to the United States Treasury and the State of Wyoming for this
Estate have been paid.
5. The remaining assets of the Estate, including those after discovered and after
acquired, shall be transferred into the Bradley D. Morehouse Revocable Trust dated May 24,
2002, and shall thereafter be administered by the Trustee thereof for the benefit of the Trust's
beneficiaries in accord with the terms of the Trust.
6. The remaining debts, as set forth in the PERSONAL REPRESENTATIVE'S FINAL
REPORT AND ACCOUNTING AND PETITION FOR FINAL DECREE AND DISTRIBUTION OF ASSETS, AS
SUPPLEMENTED, shall remain effective and payable and shall be assigned to and assumed by the
Trust after the date this Probate Estate is closed.
7. There are no other debts of the Estate which have been unpaid.
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F. All income, rights and obligations of Brad Morehouse in and to the Lease
Agreement Between Bradley D. Morehouse and Laramie GM Auto Center, Inc.,
dated June 28, 2001 for 3600 Grand Avenue and the Lease Agreement Between
Bradley D. Morehouse and Laramie GM Auto Center, Inc., dated June 28, 2001
for 3420 Garfield Avenue, the Goodwill Promissory Note dated June 28, 2001
between Laramie GM Auto Center, Inc. and Bradley D. Morehouse including but
not limited to right to receive payment upon the expiration of the leases on or
about June 28, 2016, shall each be distributed to the Trust subject to a security
interest granted to Wells Fargo to further secure the Trust's obligations to Wells
Fargo described in paragraph H, below.
G. All obligations due under the Promissory Note and Mortgage dated July 1, 1999
between Bradley D. Morehouse, Sr. and Keith R. Burman and Sharon L. Burman,
as Trustees of the Keith R. Burman Living Trust dated February 7, 1996 and
Keith R. Burman and Sharon L. Burman as Trustees of the Sharon L. Burman
Living Trust dated February 7, 1996 is hereby set over and distributed to the Trust
shall be assumed and paid by the Trust.
H. All obligations due to Wells Fargo by Bradley D. Morehouse and this Estate,
including, without limitation, those obligations specifically set forth in the
September 13, 2010 restructure letter agreement, as submitted to the Court for
approval in that Supplement to Personal Representative's Final Report and
Accounting and Petition of Final Decree and Distribution of Assets filed with the
Court on September 24, 2010, and that certain Restructuring Agreement by and
between Wells Fargo, the Estate and the Trust (the "Restructuring Agreement
and any and all documents and instruments entered into in connection with the
Restructuring Agreement, shall be assumed and paid by the Trust.
Should any after- discovered, after acquired property or undistributed property of
Bradley D. Morehouse or the Estate of Bradley D. Morehouse be found, any and
all such property, or the proceeds therefrom, shall be distributed to the Bradley D.
Morehouse Revocable Trust dated May 24, 2002 and shall thereafter be
administered by the Trustee thereof from the Trust for the benefit of the Trust's
beneficiaries in accord with the terms of the Trust.
Immediately upon the recordation of a personal representative's deed conveying each of
the above referenced real properties, the Personal Representative is finally discharged and
relieved from further duties and liabilities herein, and this probate Estate is closed.
Dated this day of l eeee 10.
STATE OF WYOMING l SS.
COUNTY OF LINCOLN
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 be a full,
true, and complete copy
SIGNED •li r:
5 copies to:
Greg A. Von Krosigk
ORDER APPROVING PETITION FOR FINAL DISTRIBUTION, FINAL DECREE
OF DISTRIBUTION, AND FINAL DISCHARGE OF PERSONAL REPRESENTATIVE
In the Matter of the Estate of Bradley D. Morehouse,
Third Judicial District, Lincoln County, Wyoming Probate No.2007 -36 -DC
ALBANY COUNTY, LARAMIE, WY ]ACKIE R, GONZALES, ALBANY CO CLK
IIIIIIIIIIg lIIhIlIIIIIIIIIIngI�IIIIIIIIIIIHIIII�IIIIIIIIIiIIIIII�IIIII
1/27/2011 9:52 AM #2011 -518 3 OF 3
PAGE 3
ALBANY COUNTY, LARAMIE, WY JACKIE R. GONZALES, ALBANY CO CLK
1/ 27/ 2 0 1 1 11 1 I I� 52��AN11111�1111111111111 I 111111111 �21011111 5I1�8II 2 OF 3
8. The Personal Representative's fee in the amount of $149,366.80 as computed
pursuant to WYO. STAT. §2 -7 -805, has been paid in full and the Court approves payment of the
same.
9. The statutory attorney fees and costs for ordinary services performed by the
attorney for the Estate in administering this Estate are due in the remaining amount of
$119,800.39, as sum was computed pursuant to WYO. STAT. §2 -7 -804, and the Court approves
and directs payment of the same as an expense of closing the Estate.
10. There remain no further assets of the Estate available for distribution, nor
expenses to be paid by the Estate, other than as set forth herein.
11. That no objections to the closing of this Estate have been made by the
beneficiaries of the Trust or by any other interested party, except the objections set forth in Wells
Fargo Bank's Objection to Personal Representative's Final Report and Accounting and Petition
for Final Decree and Distribution of Assets and Memorandum in Support Thereof, which shall
be deemed to be withdrawn upon the closing of the transactions contemplated in the
Restructuring Agreement, defined below.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED as follows:
A. The PERSONAL REPRESENTATIVE'S FINAL REPORT AND ACCOUNTING AND
PETITION FOR FINAL DECREE AND DISTRIBUTION OF ASSETS, AS SUPPLEMENTED,
be, and the same hereby is, fully and finally confirmed and approved, and all acts
of the Personal Representative as reflected on the record in this Estate, be, and
they are hereby, fully and finally approved.
B. Lot 29 and 30 of Afton Airpark Addition to the Town of Afton, Lincoln County,
Wyoming as described on the official plat filed on August 1, 2005 as instrument
No. 910442 of the records of the Lincoln County Clerk and all interests therein
are set over and conveyed to the Trust. The home /hanger constructed upon Lots
29 and 30 have been marketed for sale, and shall continue to be marketed for sale,
in an effort to pay Wells Fargo's creditor's claim and extinguish the Estate's
obligation to pay thereunder.
C. Lot 46 of Afton Airpark Addition to the Town of Afton, Lincoln County,
Wyoming as described on the official plat filed on August 1, 2005 as instrument
No. 910442 of the records of the Lincoln County Clerk is set over and distributed
to the Trust.
D. Lot 27 of the Estates at Valli -Vu, Lincoln County, Wyoming as described on the
official plat filed on December 1, 2006 as instrument No. 924974 of the records of
the Lincoln County Clerk is set over and distributed to the Trust.
E. 3600 Grand Avenue (Lots 1, 2, 3, and 4, Block 2, Regency Village Addition to
the City of Laramie, Albany County, Wyoming) and 3420 Garfield Avenue (Lot
3, Block 3, Regency Village Addition to the city of Laramie, Albany County,
Wyoming) is set over and distributed to the Trust, subject to the continuation of
the obligations and debts.
ORDER APPROVING PETITION FOR FINAL DISTRIBUTION, FINAL DECREE
OF DISTRIBUTION, AND FINAL DISCHARGE OF PERSONAL REPRESENTATIVE
In the Matter of the Estate of Bradley D. Morehouse,
Third Judicial District, Lincoln County, Wyoming Probate No.2007 -36 -DC
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