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-2023-162

JAY FRANCIS CHARLES LESSERT, JR. , Deceased         )          

ORDER APPROVING FINAL ACCOINTING AND DECREE DISTRIBUTING
THE ESTATE AND DISCHARING PERSONAL REPRESENTATIVE 

            This matter comes on for hearing this 22nd day of April, 2024, pursuant to a Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Jay Francis Charles Lessert III, Personal Representative of the Decedent’s Estate, on the 1st day of April, 2024, 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 1st day of April, 2024, has been given in the manner, form and for the full time as required by law and the Order of this Court and in compliance with the Order for Hearing Petition for Probate of Will, Appointment of Personal Representative, and Determination of Heirs, Devisees and Legatees of this Court which was also filed herein on the 1st day of April, 2024.

            2. That on the 8th day of January, 2024, the Probate Court ORDERED, ADJUDGED AND DECREED that the instrument signed on the 5th day of June, 2017 by Jay Francis Charles Lessert, Jr. was the Last Will of the Decedent, and the same was admitted to probate on the 8th day of January, 2024 as and for the Last Will and Testament of Jay Francis Charles Lessert, Jr., deceased, and that the same was thereby established as the valid Last Will passing the entire estate of said deceased as therein provided.

            3. That Jay Francis Charles Lessert, Jr. died on the 22nd day of January, 2023, while a resident of San Antonio, Bexar County, Texas. The Decedent was a member of the Osage Nation. The Decedent died leaving certain restricted headright interests.

            4. That the admitted Last Will was approved by the Secretary of the Interior of the United States of America by and through the Superintendent of the Osage Agency of the Bureau of Indian Affairs, and said approval was attached to the Petition filed herein on the 20th day of November, 2023.

            5. That on the 8th day of January, 2024, the Probate Court ORDERED, ADJUDGED AND DECREED that Jay Francis Charles Lessert, Jr., deceased, was survived by the following persons who were determined to be the only heirs at law of the said deceased:

NAME / RELATIONSHIP/AGE / ADDRESSES

 Vicki Lenn Lessert / Surviving Spouse / (Adult Non-Osage) / [ REDACTED ]

 Jay Francis Charles Lessert III / Surviving Son / (Adult Osage) / [ REDACTED ] 

Keith David Lessert / Surviving Son / (Adult Osage) / [ REDACTED ]

            6. That on the 8th day of January, 2024, the Probate Court ORDERED, ADJUDGED AND DECREED that the following persons are the devisees and legatees of Jay Francis Charles Lessert, Jr., deceased, to-wit:

NAME / RELATIONSHIP / AGE / ADDRESSES

 Vicki Lenn Lessert / Surviving Spouse / (Adult Non-Osage)  / [ REDACTED ]

 Jay Francis Charles Lessert III / Surviving Son / (Adult Osage) / [ REDACTED ]

Keith David Lessert / Surviving Son /(Adult Osage) / [ REDACTED ]

            7. That on the 8th day of January, 2024, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters Testamentary be issued to Jay Francis Charles Lessert III, 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.

            8. That a GENERAL INVENTORY AND APPRASEMENT was timely filed herein by the Personal Representative on the 7th day of February, 2024.

            9. That the Estate of Jay Francis Charles Lessert, Jr., deceased, is only known to consist of a restricted Osage Indian fractional headright interest and cash on hand in an IIM account.

            10. That the Estate of Jay Francis Charles Lessert, Jr., deceased, is ready for closing and the Personal Representative affirmatively states the following to the Court, with accompanying requests made to this Court, to-wit:

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 testate succession.

            11. 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 Jay Francis Charles Lessert, Jr. 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.

            12. That due and lawful notice to the creditors of Jay Francis Charles Lessert, Jr. 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 Jay Francis Charles Lessert, Jr., that all claims of every kind and character, chargeable to the estate, if any, have been paid in full, satisfied and discharged; 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.

            13. 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 Jay Francis Charles Lessert, Jr. is now ready for closing and distribution.

            14. That the Personal Representative has made no personal profit from any increase in the Estate of Jay Francis Charles Lessert, Jr.

            15. That the Personal Representative waives the statutory fee.

            16. That Vicki Lenn Lessert, 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.

            17. That pursuant to the Superintendent’s Order Approving Will in In the Matter of the Will of Jay C. Lessert, Jr., Unallotted Osage, Deceased, Hearing No. H-23-14, Osage Agency, Bureau of Indian Affairs, Pawhuska, Oklahoma, Vicki Lenn Lessert should NOT receive a life estate in any part of the restricted Osage property (the headright and related cash in the IIM account), and the restricted Osage property (the headright and related cash in the IIM account) should be distributed equally to the Osage Indian lineal heirs under the terms of ITEM II of the admitted Last Will as follows:

NAME / TESTATE DISTRIBUTION

Jay Francis Charles Lessert III / 1/2 interest

Keith David Lessert  /  1/2 interest

            18. That, excluding the distribution of restricted Osage properties as set forth in the foregoing paragraph, all of the rest and remainder of the Decedent’s estate - “be it real, personal or mixed” - should be distributed to the surviving spouse as follows under the terms of ITEM II of the admitted Last Will:

NAME / DISTRIBUTION

 Vicki Lenn Lessert / 100% interest

            19. That as to the Estate of Jay Francis Charles Lessert, Jr., deceased, the Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed herein on the 1st day of April, 2024, 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 Decree Distributing the Estate and Discharging Personal Representative filed herein on the 1st day of April, 2024 has been given by Jay Francis Charles Lessert III, 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 1st day of April, 2024, is approved without objection.

            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 by the Court that this Order Approving Final Accounting and Decree 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 Personal Representative should be entitled to receive his 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 his administration have been completed, and upon the filing of said final report he shall be automatically discharged and have no further duties or obligations with regard to the Decedent’s estate in all respects.

            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 ADJUDGED 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 22nd day of April, 2024.

____________________________________

The Honorable Stuart Tate

Judge of the District Court