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HomeMy WebLinkAbout978517978517 9/24/2014 8:47 AM LINCOLN COUNTY FEES: $21.00 PAGE 1OF 4 BOOK: 840 PAGE: 96 DECREE JEANNE WAGNER, LINCOLN COUNTY CLERK 11111111 1111111111111111IIIIIIIII1III IIIIIIEIIII IIIIII1111IIII IIIII BY »'fl/ 7A Rli1 IN THE MATTER OF THE ESTATE OF: Probate No: PR-2014-29-DC Holly Lou Wilson, Deceased. DECREE CONCERNING REAL PROPERTY AUG 2 6 20 KENNETH D. ROBERTS LERK OF DISTRICT COURT IN Tub: 'Y DISTRICT COURT OF THE STATE OF WOMIN 3rd JU ©I D I-FM IN AND FOR THE COUNTY OF LINCOLN LINCOLN COUNTY, STATE OF WYOMIN( THIRD JUDICIAL DISTRICT THIS MATTER came before the Court on the Verified Application for Decree Concerning Real Property (the "Application as filed by Joyce M. Wilson (the "Applicant who was represented by counsel of record, Clay D. Geittmann of Mullikin, Larson Swift LLC, seeking the entry of a decree in accordance with Wyo. Stat_ 2 -1 -205. Findings of Fact Based upon the pleadings and records in this Court's file, and this Court being otherwise advised of the premises herein, this Court hereby makes the following findings of fact: 1) Joyce M. Wilson, is an adult, the mother of Holly Lou Wilson, and resides in Lincoln County, Wyoming; 2) Holly Lou Wilson was born on February 8, 1969, passed away on April 23, 2014, 2014, and the place of last residence of Holly Lou Wilson was the County of Lincoln, State of Wyoming_ 3) Holly Lou Wilson was not survived by a spouse or any children and was predeceased by her father, but was survived by her mother, Joyce M. Wilson, and her sisters, Lori Sipe and Julie Boer. 4) More than thirty (30) days have elapsed since Holly Lou Wilson's date of death. 5) To the best of the Applicant's investigations, information, knowledge and beliefs the value of the entire probate estate of Holly Lou Wilson, wherever located, less liens and encumbrances, does not exceed two hundred thousand dollars ($200,000.00). 6) To the best of the Applicant's knowledge no court has appointed a personal representative or executor regarding the estate of Holly Lou Wilson, nor has anyone requested that a personal representative or executor be appointed regarding the estate of Holly Lou Wilson. [Remainder of Page Intentionally Left Blank] 7) At the time of her death Holly Lou Wilson held the following known assets (collectively the "Assets Asset Description Real property located in Lincoln County, Wyoming, and more particularly described as Lot 70 of the Star Valley Ranch Plat 21, Lincoln County, Wyoming, as described on the official plat thereof, subject to mortgage in favor of the Joyce M. Wilson Living Trust, U /AJD 10/25/1999, and any amendments thereto, Joyce M. Wilson, Trustee (collectively the "Lincoln County Property Ten point- zero -zero- three -three percent (10.0033 membership interest in J&J Wilson LLC, a Wyoming close limited liability company, at book value (the "Membership Interests 2011 Dodge Truck VIN 1D7RV1CT9BS644453 (the "Truck Miscellaneous tangible personal property (the "Personal Property Wells Fargo Premier Checking 3447252911 and Wells Fargo Premier Savings 5485996044 (collectively the "Wells Fargo Account') DECREE CONCERNING •E4L PROPERTY Fa Net Fair Market Value Current properly value of $132,833.00 less outstanding mortgage debt in the amount of $132, 770.46 equals $62.54 $112,601.94 $29,091.00 $10,000.00 $45,735.16 Total Known Assets $197,490.64 8) The Applicant continues to collect final medical bills, funeral bills and other debts and expenses of Holly Lou Wilson which are being paid from the Wells Fargo Account, and therefore reduce the net asset value of Holly Lou Wilson's known assets. 9) The Membership Interests, Truck, Personal Property and Wells Fargo Account have been previously administered through the provisions of Wyo. Stat. 2 -1 -201, and as reflected in that certain Affidavit of Distribution Pursuant to Wyo. Stat_ 2 -1 -201, as previously filed with the Lincoln County Clerk on June 16, 2014, in Book 834 at Page 171, and as instrument number 977037. 10) The Lincoln County Property possesses a current fair market value of $132,833, as evidenced by the May 29, 2014, comparative market analysis prepared by Jerry A. Hodons, true and correct copy of which was annexed to the Application. 11) The Lincoln County Property is subject to that certain mortgage debt in favor of the Joyce M. Wilson Living Trust, U /A/D 10/25/1999, and any amendments thereto, Joyce M. Wilson, Trustee, which possesses a current balance of $132,770.46 due to Holly Lou Wilson's failure to make consistent payments thereunder. 12) As a result of the mortgage debt, the net fair market value of said Lincoln County Property is presently $62.54. 13) To the best of Applicant's knowledge, information, investigations and beliefs, Holly Lou Wilson passed away without leaving any last will and testament, and therefore her estate would be administered in accordance with the Wyoming Intestacy Statutes, Wyo. Stat. 2 -4-101 et seq., as amended. 14) Holly Lou Wilson did not receive medical assistance pursuant to Wyo. Stat. 42 101 et seq. 15) Contemporaneously with the filing of the Application, the Applicant caused to be published in a newspaper of general circulation in Lincoln County, Wyoming, notice of the filing of the Application, which notice allows any party to object to the Application within thirty (30) days from the date of the first publication. 16) The first notice publication occurred on July 17, 2014. 17) Pursuant to the Notice of Application any person could object to the Application at any time on or before August 18, 2014 18) No objections have been timely filed with respect to the Application. Conclusions of Law Based upon the pleadings and records in this Court's file, and this Court being otherwise advised of the premises herein, this Court hereby makes the following conclusions of law: 19) This Court has jurisdiction over the Application pursuant to the provisions of Wyo. Stat. 2 -2 -101. 20) This Court is the proper venue for these proceeding pursuant to the provisions of Wyo. Stat. 2 -1 -205. 21) The Lincoln County Property could not be administered pursuant to the provisions of Wyo. Stat. 2 -1 -201, which is why the Applicant submitted the Application to the Court in accordance with the provisions of Wyo. Stat. 2 -1 -205. 22) Pursuant to Wyo_ Stat. 2- 1- 205(a), if any person dies who is the owner of real property, including mineral interests, but whose entire estate including personal property does not exceed two hundred thousand. dollars ($200,000), the person claiming to be the distributee of said decedent may file, not earlier than thirty (30) days after the decedent's death, an application for a decree in the district court of the county where the property is situated. 23) Pursuant to Wyo. Stat. 2- 1- 205(b), the application shall be sworn to and signed by each person claiming an interest in the decedent's property, shall state the facts enumerated in Wyo. Stat. 2- 1- 201(a)(i) through (v), shall describe the property being claimed and shall include a sworn report of appraisal valuing the property as of the date of the decedent's death. 24) Pursuant to Wyo. Stat. 2- 1- 205(c), once notice of the application has been filed once a week for two (2) consecutive weeks in a newspaper of general circulation in the county, the court shall consider the application, and if it appears that the facts stated in the application are not in dispute the court shall enter a decree establishing the right and title to the property. 25) Pursuant to the provisions of Wyo. Stat. 2 4 101(c)(ii), the estate of Holly Lou Wilson would be distributed in equal parts to her mother, Joyce M. Wilson, and her sisters, Lori Sipe and Julie Boer; provided, however, that: a) Joyce M. Wilson did disclaim all of her rights in and to the Membership Interests, as would have passed to her from the estate of Holly Lou Wilson, and as evidenced by DECREE CONCERNING REAL PROPERTY Page 3 of 4 the Disclaimer of Joyce M Wilson, which was annexed to the Affidavit of Distribution Pursuant to Wyo. Stat. 2 -1 -201; b) Lori Sipe did timely disclaim all of her rights in and to the estate of Holly Lou Wilson, exclusive of the Membership Interests, as would have passed to her from the estate of Holly Lou Wilson, as evidenced by the Disclaimer of Lori Sipe, which was annexed to the Affidavit of Distribution Pursuant to Wyo. Stat. 2 -1 -201; and c) Julie Boer did timely disclaim all of her rights in and to the estate of Holly Lou Wilson, exclusive of the Membership Interests, as would have passed to her from the estate of Holly Lou Wilson, as evidenced by the Disclaimer of Julie Boer, which was annexed to the Affidavit of Distribution Pursuant to Wyo. Stat. 2 -1 -201. 26) Pursuant to the provisions of Wyo. Stat. 2- 4- 101(c)(ii), and the foregoing disclaimers, the Lincoln County Property, subject to the mortgage debt, shall pass and be distributed to Joyce M. Wilson. Decree Based on the foregoing findings of fact and conclusions of law, this Court-hereby orders, adjudges and decrees as follows: 27) The Application complies with the provisions of Wyo. Stat. 2 -1 -205. 28) Notice of the Application was properly given in accordance with Wyo. Stat. 2- 1-205(c); 29) All of Holly Lou Wilson's interests in the Lincoln County Property are hereby transferred to Joyce M. Wilson: 30) This Decree shall be recorded in the Lincoln County land records as presumptive evidence of Joyce M. Wilson's ownership of said Lincoln County Property. 31) Following recordation of this Decree with the Lincoln County Clerk these proceedings shall be closed. Entered th�s��� day of August, 2014. 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