HomeMy WebLinkAbout895317 Lowell N. Hawkes (ISB//1852) ~
LOWELL N. HAWKES, CHARTERED , '~i
1322 East Center . · .., ?-~ ~ i!
Pocatello, Idaho 83201 r :
OCT 31 ~r,-~ - '
Telephone: (208) 235-1600 ~:";','
F~: (208) 235-4200 L ..... ;.=,
A,orn~ for Petitioner :,-.,, :~ .:: ,,...:.. ?, .
IN THE SIXTH JUDICIAL DISTRICT COUR~¢';:~-,',;%
BANNOCK COUNTY, IDAHO
541p pae 7 4 2
MAGIST~TES' DIVISION RECCIVED
THE HONO~~TED ISRAEL LI~COLN COUNTy CLERK
IN THE MATTER OF , ) ,. Probate Case No.:
THE ESTATE OF )
Deceased.
LYNN S. PORTER,
)
) DECREE VESTING ESTATE
) IN SURVIVING SPOUSE
)
)
Upon consideration of the Petition for Summary Administration of Estate
filed by the surviving spouse SANDRA PAULENE PORTER, the Court f'mds:
1. The facts set forth in the Petition are true.
2. The Decedent and Sandra Paulene Porter were duly married at Las
Vegas, Nevada, on May 10, 1981, and remained married until Decedent's death on April
16, 2003. There are no minor children from this marriage.
3. The Decedent, Lynn S. Porter, died leaving the entirety of his estate
to the Petitioner, Sandra Paulene Porter.
4. All estate property is community property or is property the Decedent
decreed by his last will to go to his wife, the Petitioner, Sandra Paulene Porter. Pursuant
DECREE VESTING ESTATE IN SURVIVING SPOUSE - Page 1
, · ,~te of Lynn S. Porter :
743
to Idaho Code fi 15-3-1205, the Petitioner is entitled to the'entire~ of the Decedent's one-
half share of the community property.
5. The Decedent, LYNN S. PORTER, died while domiciled in Bannock
County, Idaho and therefore venue is proper in Bannock County.
6. There is no required Notice because the Decedent's spouse and
Petitioner, Sandra Paulene Porter, is the sole heir at law.
7. The following is the legal description of the Idaho community real
properties owned by Petitioner and Decedent at the time of Decedent's death:
Lot 1, in Block 5 of FAIRWAY ESTATES 1't
ADDITION, as the same appears on the official
plat thereof, filed in the office of the County
Recorder of Bannock County, Idaho.
AND
All of Lot 2-A in Block 5 of FAIRWAY ESTATES 3ru ADDITION, a
Subdivision in Bannock County, Idaho, as the same appears on the
official plat thereof, being on file at the office of the Bannock County
Recorder, Pocatello, Idaho.
AND
The WeSt 65 feet of Lot 10, and the West 65 feet of the South 15 feet of
the South 15 of Lot 9, Block 172, POCATELLO TOWNSITE, Bannock
County, Idaho.
Community real property in the Lincoln County, Wyoming legally
described as follows:
LOT 15 {15) in STAR VALLEY RANCH PLAT FOURTEEN (14) as platted
and recorded in the Official Records of Lincoln County, Wyoming.
Community real property in Franklin County, Idaho sometimes known
as parcel #4860 and also known as:
Commencing at a point 23 rods South and 46 rods West from the
Northeast Corner of the Southeast quarter of Section 22, Township 15
South, Range 39 East of the Boise Meridian, in Idaho, and running
thence West 8 rods; thence North 23 rods;.thence East 8 rods; thenCe
South 23 rods to the place of beginning.
DECREE VESTING ESTATE IN SURVIVING SPOUSE - Page 2
~-'~::tate of Lynn S. Porter .....
203 0217
.THEREFORE, it is ordered, adjudged and decreed as follows'
744
Sandra Paulene Porter, is the surviving spouse of the Decedent and is
the sole heir of the Decedent.
9. All personal property of the Decedent and the real property described
above is hereby vested in and distributed to Sandra Paulene Porter free and clear of all right,
title, claiIn or demand of any person or persons claiming or attempting to claim under the
estate of the Decedent as heir, devisee, or otherwise, except as a proper creditor.
10. The surviving spouse of Decedent, Sandra Paulene Porter, shall assume
and be liable for any and all lawful indebtedness that might be a claim of a proper creditor
against the estate of the Decedent.
11.
There shall be no administration of the estate of the Decedent.
DATED this ~day of ~)(,~'~- ,2003.
By THE COURT:
R. TED ISRAEL, Magistrate Judge
20330217
DECREE VESTING ESTATE IN SURVIVING SPOUSE - Page 3
:tate of Lynn S. Porter
RECORDED AT f~EQUE:ST OF
DEPUTY
003 NOV 12 FtI 8 fi8
LARRY Ye OHAN fl,,E¢ORDER
B,~H N 0 0 F,',. C OU NTY DAHO