IN THE DISTRICT COURT OF OSAGE COUNTY
STATE OF OKLAHOMA
IN THE MATTER OF THE ESTATE OF )
) Case No. PB-2019-129
JACK LEE BARBER, Deceased )
ORDER APPROVING FINAL ACCOUNTING AND DECREE DISTRIBUTING THE ESTATE AND DISCHARGING PERSONAL REPRESENTATIVE
THIS MATTER comes on for hearing this 18th day of May, 2020, pursuant to a sworn-to Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Kathy Barber, Personal Representative of the Decedent’s Estate, on the 30th day of March, 2020, 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. Jack Lee Barber died intestate in St Louis City County, Missouri, on the 8th day of August, 2019, while a resident of West Point, Lee County, Iowa. The Decedent was a member of the Osage Nation. At the time of his death, Jack Lee Barber, deceased, was married and 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
Kathy Barber / Surviving Spouse (Adult) / [REDACTED]
Stacy Snaadt / Surviving Daughter (Adult) / [REDACTED]
Stephanie Mohrfeld / Surviving Daughter (Adult) / [REDACTED]
Shannon Dannen / Surviving Daughter (Adult) / [REDACTED]
2. That on the 6th day of January, 2020, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters of Administration be issued to Kathy Barber, 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.
3. That a GENERAL INVENTORY AND APPRAISAL was filed herein on the 21st day of January, 2020.
4. 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 30th day of March, 2020 has been given in the manner, form and for the full time as required by law and the Order of this Court.
5. That the Estate of Jack Lee Barber, deceased, consists of real and personal property more properly described as follows:
a) Headright Interest, [REDACTED]
b) IIM Account, $[REDACTED] as of December 11, 2019
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 Jack Lee Barber 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 Jack Lee Barber 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 Jack Lee Barber, 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 Jack Lee Barber, deceased, is ready for closing:
a. All income has been properly received and expenses lawfully made,
b. The allowed and approved claims, if any, have been paid;
c. No objection has been made to this Application,;
d. All funeral expenses, taxes and costs of the administrator have been paid;
e. 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 Jack Lee Barber is now ready for closing and distribution.
10. That the Personal Representative has made no personal profit from the Estate of Jack Lee Barber.
11. That the Personal Representative herein waives the statutory fee.
12. That pursuant to the Oklahoma laws of intestate succession found in Title 84 O.S. Section 213 (B)(1)(c) the Decedent’s Estate should be distributed as follows as to all properties which are not restricted properties related to the Decedent being a member of the Osage Nation:
NAME INTESTATE DISTRIBUTION
(NON-OSAGE PROPERTIES)
Kathy Barber 3/6th interest
Stacy Snaadt 1/6th interest
Stephanie Mohrfeld 1/6th interest
Shannon Dannen 1/6th interest
13. That Kathy Barber, the surviving spouse, is not a member of the Osage Nation and that pursuant to the Osage Indian Act of 1978 (Public Law 95-496, Oct. 21, 1978) as amended by the Osage Indian Act of 1984 (Public Law 98-605, Oct. 30, 1984), and as those Acts have been promulgated by rule and regulation, the Decedent’s Estate should be distributed as follows AS TO ALL PROPERTIES WHICH ARE RESTRICTED PROPERTIES (I.E., THE OSAGE HEADRIGHTS INTERESTS) RELATED TO THE DECEDENT BEING A MEMBER OF THE OSAGE NATION:
NAME INTESTATE DISTRIBUTION
(RESTRICTED OSAGE PROPERTIES)
Kathy Barber 3/6th interest for life, remainder in equal shares to the children, below.
Stacy Snaadt 1/6th interest
Stephanie Mohrfeld 1/6th interest
Shannon Dannen 1/6th interest
14. That the Final Accounting and Application for Distributing the Estate and Discharging Personal Representative filed herein on the 30th day of March, 2020 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 30th day of March, 2020 has been given by Jack Lee Barber, 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 30th day of March, 2020, 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 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.
THE COURT FURTHER FINDS, upon representations of the Counsel for the Personal Representative, 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 from this order will be free of any lien claims that might otherwise derive from such fees, costs and expenses.
DATED this 18th day of May, 2020.
The Honorable Stuart Tate
THE HONORABLE STUART TATE
JUDGE OF THE DISTRICT COURT
Prepared By:
Steven L. Holcombe, OBA #4287
Attorney for Personal Representative Kathy Barber