IN THE DISTRICT COURT OF OSAGE COUNTY, STATE OF OKLAHOMA
IN THE MATTER OF THE ESTATE OF )
) Case No. PB-2024-139
MARY GRIMM, deceased ) Judge Stuart Tate
DECREE FOR ANCILLARY PROBATE OF WILL
DISTRIBUTING ALL INTERESTS FOR LIFE TO JAMES D. LANCASTER
AND
DISMISSAL WITHOUT PREJUDICE AS TO ALL REMAINING DISTRIBUTIVE ISSUES RELATIVE TO OSAGE HEADRIGHT INTERESTS AND RELATED CASH
THIS MATTER COMES ON for hearing this 13th Day of January, 2025, pursuant to a Petition for Ancillary Probate of Will filed on the 9th day of December, 2024 as sworn-to by Petitioner James D. Lancaster, individually and in his representative capacities as Executor in the Matter of the Estate of Mary Grimm, Deceased, in the Superior Court for the State of Washington, King County, Case Number: 22-4-03445-6 SEA, and as the sole trustee of Mary C. Grimm Revocable Trust dated October 4, 2013 (as amended), 22-4-03445-6 SEA, Superior Court for King County, State of Washington (Probate Division). James D. Lancaster appeared in person and by his attorney, Steven L. Holcombe. Also appearing in person was Donna Perrier and Tina Marie McKinley. After inquiry of all parties present, and after examination of the pleadings on file herein, and there being no objections, the Court finds, adjudges and decrees:
1. That MARY GRIMM departed this life in Seattle, King County, Washington, on or about the 21st day of October, 2021.
2. That said decedent left a Last Will and Testament dated the 27th day of July, 2017, which was offered for Probate in the Matter of the Estate of Mary Grimm, Deceased, in the Superior Court for the State of Washington, King County, Case Number: 22-4-03445-6 SEA, and admitted to Probate by Agreed Order: Probating Will and Appointing James Lancaster as Personal Representative, Adjudicating Estate to be Solvent, Directing Administration without Court Intervention, on the 1st day of June, 2022.
3. Petitioner has attached certified copies of the Last Will and Testament of Mary Grimm, Deceased, dated the 27th day of July, 2017, (attached to the Agreed Order: Probating Will and Appointing James Lancaster as Personal Representative, Adjudicating Estate to be Solvent, Directing Administration without Court Intervention) and the said Order admitting the last will to probate.
4. The Decedent was not a member of the Osage Nation but died leaving certain restricted Osage Headright interests and associated cash in an Individual Indian Money (IIM) account, and the character of the property of the Decedent’s Oklahoma Estate consists only of those restricted Osage headright interests and cash in an IIM account.
5. That an Agreed Order: Probating Will and Appointing James Lancaster as Personal Representative, Adjudicating Estate to be Solvent, Directing Administration without Court Intervention was made by Henry H. Judson, Court Commissioner, on the 1st day of June, 2022, in Matter of the Estate of Mary Grimm, Deceased, No. 22-4-03445-6 SEA and filed on the 1st day of June, 2022. A copy of this instrument, certified to as true and correct by the Superior Court Clerk of King County, is attached hereto. FURTHERMORE, that as a result of the foregoing Agreed Order, certain Letters of Testamentary were issued to James D. Lancaster and filed on the 1st day of June, 2022 in the Estate of Mary Grimm, Deceased, File No. 22-4-03445-6 SEA, Superior Court For King County, State of Washington (Probate Division). A copy of this instrument, certified to as true and correct by the Superior Court Clerk of King County, is also attached hereto.
6. That under the authority of Section 58-677 (B) (2) of the Oklahoma Statutes it is unnecessary for a personal representative to be appointed in these proceedings.
7. That the Petitioner is a non-resident of the State of Oklahoma, and one and the same as the James D. Lancaster who received (and continues to hold) Letters of Testamentary in the Estate of Mary Grimm, Deceased, File No. 22-4-03445-6 SEA, Superior Court for King County, State of Washington (Probate Division). is a non-resident of the State of Oklahoma.
8. That the names, ages, relationships and residences of all heirs, devisees and legatees, who survived the Decedent are as follows:
NAME / RELATIONSHIP/AGE / ADDRESSES
James D. Lancaster / Surviving Son (Adult), heir-at-law per the Last Will and Testament / [REDACTED]
Mary L. Lancaster / Surviving Daughter (Adult), heir-at-law per the Last Will and Testament / [REDACTED]
James D. Lancaster, Sole Trustee / Mary C. Grimm Revocable Trust dated October 4, 2013 (as amended) / [REDACTED]
THE COURT FURTHER FINDS, upon the oral motion of Petitioner James D. Lancaster, that the mailing address of [REDACTED] as pleaded in his Petition as being the mailing addresses for both himself, individually, and in his capacity of Trustee for the Mary C. Grimm Revocable Trust, is indeed a valid mailing address but that it should be updated in each case to be [REDACTED], and the Court SO APPROVES of the updated address for both James D. Lancaster, individually, and in his capacity as the Trustee for the Mary C. Grimm Revocable Trust.
9. The Petitioner, as an Independent Executor of the domiciliary estate proceedings in Washington, affirmatively states that all heirs, devisees and legatees are known and fully listed in this Petition, and their last known addresses are also respectively listed. Furthermore, there are no known heirs, legatees, or devisees who survived the Decedent but died prior to the filing of the Petition, nor does the Petitioner know of the existence of any personal representative for a deceased heir, legatee or devisee. Furthermore, a notice to all creditors, including Oklahoma creditors, known or reasonably ascertainable, has been given as required by the domiciliary state in the Washington proceedings, or there are no Oklahoma creditors known to or reasonably ascertainable by the Petitioner.
10. That the Petitioner and Executor herein also serves as the sole trustee of the Mary C. Grimm Revocable Trust dated October 4, 2013 (as amended), and advises the Probate Court that the Last Will and Testament dated the 27th day of July, 2017 is a “pour over” will that upon approval by this Court would transfer to trust beneficiaries the Osage headright interests and cash in the associated IMM account according to the following trust provision:
6.2.2 Osage Mineral Rights. I [Mary C. Grimm] give to JAMES DUDLEY LANCASTER the income from the oil, gas, and mineral rights in Oklahoma so long as he lives. On his death these mineral rights shall be deeded to JOHN T. PERRIER and/or DONNA PERRIER and TINA MARIE MCKINLEY as tenants in common, free of trust. If JOHN T. PERRRIER and DONNA PERRIER are not living when they would receive a distribution form the trust estate, their share shall pass to their children by right of representation. If TINA MARIE McKinley is not living when she would receive a distribution from the trust estate, her share shall pass to her children by right of representation.
11. That an Oklahoma estate tax return has not been filed with the Oklahoma Tax Commission since the death of Mary Grimm occurred after December 31, 2009 and no Oklahoma estate tax return is required. All other federal, state, county, school and municipal taxes, including income taxes, have been paid, if owed, or are otherwise provided for.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED by the Court that notice of these proceedings was given by the Petitioner in the time and manner required by Title 58 O.S. Section 677 to all interested parties.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED by the Court that the petition for ancillary probate of the Estate of Mary Grimm pursuant to Title 58 O.S. Section 677, which was filed on the 9th day of December, 2024 is approved without objection as to all distributions as may be made to James D. Lancaster for his life.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED by the Court (under the authority of Title 58 O.S. Section 677) that the Estate, as solely comprised of Osage Headright interests and associated cash in an IIM account, be distributed and delivered to the following according to the foregoing trust provision Section 6.2.2, said trust provision Section 6.2.2 being clear in its instructions that all Osage Headright Interests and associated cash are to go to the following during his life:
NAME / DISTRIBUTION
James D. Lancaster / [REDACTED]
ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO ALL REMAINING
DISTRIBUTIVE ISSUES RELATIVE TO THE OSAGE HEADRIGHT INTERESTS
THE COURT FURTHER ENTERTAINED AN ORAL MOTION made by the Petitioner James D. Lancaster, by and through his attorney of record, Steven L. Holcombe, FOR THE DISMISSAL WITHOUT PREJUDICE of all remaining distributive issues under said trust provision Section 6.2.2 relative to the Osage Headright Interests. After hearing arguments and representations made by the Petitioner’s counsel, after further examination of the records and pleadings herein, and hearing no objections from Donna Perrier and Tina Marie McKinley THE COURT FINDS that all of the Osage Headright interests and related cash are clearly to be distributed to James D. Lancaster for his life under said Section 6.2.2 and that there is good cause to proceed to a final order in that regard pursuant to Title 12 O.S. Section 696.3; that following the termination of the life estate interests to be distributed to James D. Lancaster, Section 6.2.2 directs that distributions would then be made among John T. Perrier (represented by the Petitioner to have survived the Decedent herein, but to have subsequently died, which was confirmed to the Court by his surviving spouse, Donna Perrier), Donna Perrier, and/or Tina Marie McKinley; that neither the Estate of John T. Perrier, Donna Perrier, and/or Tina Marie McKinley would be prejudiced by a dismissal without prejudice as to any determination of what distributions would be made to whom according to Section 6.2.2 following the death of James D. Lancaster, and therefore it is Further Ordered, Adjudged, and Decreed that the ORAL MOTION OF THE PETITIONER FOR DISMISSAL WITHOUT PREJUDICE as to a determination of distributions as may be made to the Estate of John T. Perrier , Donna Perrier, and/or Tina Marie McKinley, or their successors or assigns, according to said Section 6.2.2 SHOULD BE SUSTAINED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that today’s decree is a FINAL ORDER UNDER THE AUTHORITY OF TITLE 12 O.S. SECTION 696.3 regarding the distributions of all interests of the Decedent’s Estate to James D. Lancaster, for his life, in and to the Osage Headright Interests and associated royalties and cash in the IIM account.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED upon representations of the Counsel for the Petitioner, that the attorney’s fees, costs and expenses incurred on behalf of the Estate are being, or have been, paid from sources outside of the Estate and therefore the distributions of the Estate will be made without any attorney’s lien attached thereto, and it is ORDERED, ADJUDGED, AND DECREED that all distributions of the Estate to James D. Lancaster by this order will be free of any attorney lien claims that might otherwise derive from such fees, costs and expenses.
DATED this 13th day of January, 2025.
IT IS ORDERED!
____________________________________
The Honorable STUART TATE
Judge of the District Court
Prepared By:
Steven L. Holcombe, OBA #4287
Attorney for Petitioner
PO Box 1408
Pawhuska, OK 74056