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HomeMy WebLinkAbout898489 OF H, ,' ~f:I~ICIAL D[ST IN THE DISTRICT COURT ~ (~ ~ ~ b~;'t~t~/ ~---~'~. ,~.1~ . YY CLERK IN AN~ ~(~,~t~ COUNTY OF L~.~~,S~.~T~ ?~ WYOM~ IN THE MATTER OF DETERMINATION OF ~~ O,~ ,~ C ;)~ ~-N ' JAMES EUGENE LOTZ, Deceased. ) .... Probate No. 4280 -) DECREE ESTABLISHING RIGHT AND TITLE TO REAL PROPERTY AND PERSONAL PROPERTY The above entitled matter came on regularly for hearing this /-~ ~"~ay o£ April, 2004, before the Honorable Dennis L. Sanderson, District Court Judge on the application of Affidavit for DistribUtion of Estate or Decree Establishing Right and Title to Real Property and Personal Property, as heretofore filed by the Petitioner, and the Court, having reviewed the file of record and being duly advised in the premises, finds as £ollows: 1. That the aforesaid affidavit or application dated the 17~ day of February, 2004 filed with this Court on the 4~ day of March, 2004 in accord with §2-1-205 W.S. (Lexis 2003) applied to this Court for an order authorizing a summary procedure for distribution of certain real property described in full hereafter, is sufficient, complete and in accordance with law. 2. That due and proper notice of this hearing has been given; and that there is on file in the record herein, an Affidavit of Publication showing compliance with §2-1-205(c) (Lexis 2003). 3. That the above named Decedent died on the 19'~ day of December, 2003, north of Kemmerer, Lincoln County, Wyoming. 4. That the Decedent died testate leaving surviving his heir at law, the following person: Name Relationship Donna F. Lotz Wife 5. That the Decedent died seized of an interest in and to the following real property: a. An undivided one-fourth (1/4) interest in and to Lot Number Twenty-Four (24), Unit C-2, Commissary Ranch Subdivision as said lots are laid down and described on the Official Plat of said Commissary Ranch Subdivision, duly recorded in the Office of the County Clerk and Ex-Officio Register of Deeds of Lincoln Coumy, Wyoming, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith. 6. That no. application for the appointment cfa personal representative for the Decedent's estate is pending or has been granted in any jurisdiction. Trust'xLotz'xDecree O8:gS48t !": 845 7. That the value of the entire estate of said Decedent, wherever located does not exceed one hundred fifty thousand dollars ($150,000). 8. That more than thirty (30) days have elapsed since the date of death of the Decedent. 9. That pursuant to the Affidavit for Distribution of Estate, the share of the right, title and interest of Decedent to shid real property and all personal property, including the United States Series I-IH Bond owned.by James Eugene Lotz vested, upon his death in said heir in the following manner: Name Share of Decedent's Estate Donna F. Lotz 100% 10. That no objections, written or oral, have been filed with the Court by any party whomsoever, as to the above captioned matter. 11. Based upon the aforesaid, the Court makes the following: CONCLUSIONS OF LAW 1. That the Court has full and complete jurisdiction over the subject matter and all interested Parties in this cause. 2. That the file of record herein is complete and meets all the requirements of §2-1-205 (Lexis 2003) for relief prayed for in the application. IT IS ORDERED, ADJUDGED AND DECREED that at the aforesaid date of death of the Decedent, the distributee entitled to this estate is: Name Share of Decedent's Estate Donna F. Lotz 100% IT IS 'FURTHER ORDERED, ADJUDGED AND DECREED that Donna F. Lotz is the present owner of the below described real property, thereby vesting in said Donna F. Lotz all of his interest in the following described real estate situated in Lincoln County, State of Wyoming: An undivided one-fourth (1/4) interest in and to Lot Number Twenty-Four (24), Unit C-2, Commissary Ranch Subdivision as said lots are laid down and described on the Official Plat of said Commissary Ranch Subdivision, duly recorded in the Office of the County Clerk and Ex-Officio Register of Deeds of Lincoln County, Wyoming, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Donna F. Lotz is the present owner of the below described personal property, thereby vesting in said Donna F. Lotz all of his interest in the following described personal property: TrustXLotz\Decree 2 United States Savings Bond, Series HH Bond Number X980662HH. 346 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this decree shall be recorded in the Office of the County Clerk in Lincoln County; and thereafter the decree and record thereof shall be presumptive evidence of title to the real property herein described and ownership of the personal property herein described. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if any other property is located that is not identified above, the said Donna F. Lotz is entitled to that property. DONE 1N OPEN COURT this,//~ ~'-day of April, 2004. DENNIS L. SANDERSON District Court Judge STATE OF WYOMING '~ COUNTY OF LINCOLNJ SS. I, Kenneth D Roberts, Clerk of the Third Judicial District Court within and foresaid county and in th~oresaid, do hereby } certify,~ foresoin8 o be a full, tr',:e, and co~, SIGNED , ,~ TnLst\LoLz\Dccree ':.,: .:. :'.:t:i : ' '