Steven L Holcombe | Attorney at Law

IN THE DISTRICT COURT OF OSAGE COUNTY, STATE OF OKLAHOMA

In the Matter of the Estate of                             )

                                                                                               )           Case No. PB-2022-133

QUINTON TOWNSEND CHESHEWALLA, Deceased      )

ORDER APPROVING FINAL ACCOUNTING AND DECREE DISTRIBUTING THE ESTATE AND DISCHARGING PERSONAL REPRESENTATIVE

          This matter comes on for hearing this 27th day of March, 2023, pursuant to a sworn-to Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Brooke Lynn Lemon a/k/a Brooke Cheshewalla, Personal Representative of the Decedent’s Estate, on the 28th day of February, 2023, and the Court proceeded to examine the Personal Representative’s Final Accounting and Application, and after inquiry of the attorney for the Personal Representative, examination of the pleadings on file herein, and there being no objections, the Court finds, adjudges and decrees:

         1.  That due and legal notice of the time and place of this hearing on the Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed herein on the 28th day of February, 2023 has been given in the manner, form and for the full time as required by law and the Order of this Court.

           2.  Quinton Townsend Cheshewalla died intestate on the 5th day of February, 2020, while a resident of Pawhuska, Osage County, Oklahoma. The Decedent died leaving certain Osage headright interests. The Decedent died an unmarried person. The names, ages, and last known addresses of the heirs of the Decedent at the time of his death were and are:

NAME / RELATIONSHIP/AGE / ADDRESSES

Brooke Lynn Lemon a/k/a Brooke Cheshewalla / Surviving Daughter (Adult) / [REDACTED]

Ivy Quinn Harless / Surviving Daughter (Adult) / [REDACTED]

Stewart Joseph Cheshewalla / Surviving Son (Adult) / [REDACTED]

Mellissa Dawn Jackson / Surviving Granddaughter (Adult) / [REDACTED]

James K. Jackson / Surviving Grandson (Adult) / [REDACTED]

        3. That on the 24th day of October, 2022, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters of Administration be issued to Brooke Lynn Lemon a/k/a Brooke Cheshewalla, as Personal Representative of said estate, to serve without bond, and the same were issued and filed with the Probate Court on the same date.

            4. That a GENERAL INVENTORY AND APPRAISAL was filed herein on the 24th day of October, 2022.

5. That the Estate of Quinton Townsend Cheshewalla, deceased, consists of real and personal property more properly described as follows:

a)     Headright Interest, [REDACTED]

b)     Cash on hand in an IIM account

c)     1994 GMC KSU LL, VIN 1GKFK16K2RJ713562, Oklahoma Certificate of Title

d)     Lot 13, Block 1, Meadow Glen Subdivision, Osage County, Oklahoma, according to the recorded plat thereof

           6. That an Oklahoma estate tax return was not filed with the Oklahoma Tax Commission because the Decedent died on or after January 1, 2010.  The Estate of Quinton Townsend Cheshewalla was of insufficient size to require the filing of a Federal Estate Tax Return.  All other federal, state, county, school and municipal taxes, including income taxes, have been paid, if owed, or are otherwise provided for.

           7. That due and lawful notice to the creditors of Quinton Townsend Cheshewalla has been given for the time and in the manner provided by law; that prior to giving the required notice, the Personal Representative made a diligent search and inquiry of the heirs-at-law and other interested parties in an effort to determine the identity and nature of any claim against the Estate of Quinton Townsend Cheshewalla, that all claims of every kind and character, chargeable to the estate, if any, have been paid in full, satisfied and discharged from private funds (and not from estate funds); and that all other expenses and claims that were not presented are now barred by the statute of limitation in effect under the laws of the State of Oklahoma.

            8. That the Estate of Quinton Townsend Cheshewalla, deceased, is ready for closing:

a. All income has been properly received and expenses lawfully made,

b. All allowed and approved claims have been paid, or claims have been privately paid without the use of estate funds and there are no creditor’s claims outstanding;

c. All funeral expenses, taxes and costs of the administrator have been paid;

d. That all remaining interests of the Estate should be to all distributees according to the laws of intestate succession.

             9. That all purposes of administration have been fully and faithfully fulfilled; that the Personal Representative has performed all acts and duties lawfully required, and the Estate of Quinton Townsend Cheshewalla is now ready for closing and distribution.

             10. That the Personal Representative has made no personal profit from the Estate of Quinton Townsend Cheshewalla.

             11. That the Personal Representative herein waives the statutory fee.

            12. That Anna Cheshewalla, 2630 Chestnut St, San Francisco, CA 94123, fronted costs from her own personal resources for the benefit of the estate in the amount to-date of THREE HUNDRED SIXTY-THREE DOLLARS AND THIRTY-ONE CENTS ($363.31) and there are further projected to be ONE HUNDRED TEN DOLLARS AND ZERO CENTS ($110.00) in publication costs, mailing costs, and other similar costs, also fronted by Anna Cheshewalla, bringing the total costs expected to be incurred by the estate in its closure to be FOUR HUNDRED SEVENTY-THREE DOLLARS AND THIRTY-ONE CENTS ($473.31), all to be paid from proceeds of the estate.

             13. That pursuant to the Oklahoma laws of intestate succession the Decedent’s Estate should be distributed as follows:

NAME / INTESTATE DISTRIBUTION 

Brooke Lynn Lemon a/k/a Brooke Cheshewalla / 1/4 interest

Ivy Quinn Harless / 1/4 interest

Stewart Joseph Cheshewalla / 1/4 interest

Mellissa Dawn Jackson /  1/8 interest

James K. Jackson /1/8 interest

            14. That the Final Accounting and Application for Distributing the Estate and Discharging Personal Representative filed herein on the 28th day of February, 2023 is DULY APPROVED AND SUSTAINED.

          WHEREFORE, PREMISES CONSIDERED, It is therefore Ordered, Adjudged and Decreed by the Court that due and legal notice of the time and place of this hearing on the Final Accounting and Application for Distributing the Estate and Discharging Personal Representative filed herein on the 28th day of February, 2023 has been given by Brooke Lynn Lemon a/k/a Brooke Cheshewalla, the Personal Representative, in the manner, form and for the full time as required by law and the Order of this Court, and the Court so finds, adjudges and decrees.

          It is FURTHER Ordered, Adjudged and Decreed by the Court that notice to creditors as required by law was given by the Personal Representative, and that all claims which were not lawfully submitted within the time permitted for the presentation of claims are hereby nonsuited, void and forever barred.

           It is Further Ordered, Adjudged, and Decreed by the Court that the Final Accounting filed on the 28th day of February, 2023, is approved without objection.

            It is Further Ordered, Adjudged, and Decreed that the Personal Representative should be entitled to receive her discharge without further hearing or notice upon filing final report to the Court verifying that the entire estate has been distributed, and all other duties of her administration have been completed, and upon the filing of said final report she shall be automatically discharged and have no further duties or obligations with regard to the Decedent’s estate in all respects.

           It is Further Ordered, Adjudged, and Decreed by the Court that the Personal Representative should be and is hereby required and directed to distribute and deliver to all distributees, as hereinbefore set forth, their proper distributive share.

IT IS FURTHER ORDERED, Adjudged, and Decreed that this Order Approving Final Accounting and Application for Distributing the Estate and Discharging Personal Representative may by itself be relied upon to pass title to, and vest interests in, all such distributed interests. Furthermore, this Order may be relied upon to distribute title to, and vest interests in, the rest, residue and remainder of the Decedent’s assets, including all subsequently discovered assets.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the costs fronted by Anna Cheshewalla in the amount FOUR HUNDRED SEVENTY-THREE DOLLARS AND THIRTY-ONE CENTS ($473.31) are hereby approved and ordered paid to be paid from proceeds of the estate to Anna Cheshewalla, 2630 Chestnut St, San Francisco, CA 94123, with a report back to the Court by the Personal Representative as to the satisfaction of all said costs prior to discharge.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the attorney’s fees in the amount of [REDACTED] are hereby approved and ordered paid to be paid from proceeds of the estate to Steven L. Holcombe, Attorney at Law, with a report back to the Court by the Personal Representative as to the satisfaction of all said fees prior to discharge.

FOR THE AVOIDANCE OF DOUBT, the Court has ORDERED, ADJUDGED AND DECREED that the total sum due and to be paid for costs to Anna Cheshewalla is in the amount [REDACTED].

DATED this 27th day of March, 2023.

                                                                                     The Honorable Stuart Tate

THE HONORABLE STUART TATE

Judge of the District Court