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-2023-120

JANNA LYNNE STABLER, Deceased )

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

THIS MATTER comes on for hearing this 18th day of March, 2024, pursuant to a Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by George O. Stabler, Personal Representative of the Decedent’s Estate, on the 26th day of February, 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 26th day of February, 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 26th day of February, 2024.

2. That on the 5th day of September, 2023, the Probate Court ORDERED, ADJUDGED AND DECREED that the instrument signed on the 14th day of February, 2022 by Janna Lynne Stabler was the Last Will of the Decedent, and the same was admitted to probate on the 5th day of September, 2023 as and for the Last Will and Testament of Janna Lynne Stabler, 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 Janna Lynne Stabler died on the 15th day of May, 2022, while a resident of Pawhuska, Osage County, Oklahoma. 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 is attached to the Petition filed herein on the 9th day of August, 2023.

5. That on the 5th day of September, 2023, the Probate Court ORDERED, ADJUDGED AND DECREED that Janna Lynne Stabler, deceased, was survived by the following person who was determined to be the only heir at law of the said deceased:

NAME / RELATIONSHIP / AGE /ADDRESSES

George O. Stabler / Surviving Brother (Adult Osage) / [ REDACTED ]

6. That on the 5th day of September, 2023, the Probate Court ORDERED, ADJUDGED AND DECREED that the following persons are the only devisees and legatees of Janna Lynne Stabler, deceased, to-wit:

NAME / RELATIONSHIP/AGE / ADDRESSES

George O. Stabler / Surviving Brother (Adult Osage) / [ REDACTED ]

Daniel Stabler / Surviving Nephew (Adult Osage) / [ REDACTED ]

Lindsay Marie Stabler / Surviving Niece (Adult Osage) / [ REDACTED ]

7. That on the 5th day of September, 2023, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters Testamentary be issued to George O. Stabler, 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 APPRAISEMENT was timely filed herein by the Personal Representative on the 6th day of November, 2023.

9. That the Estate of Janna Lynne Stabler, deceased, consists of real and personal property more properly described as follows:

a) Osage Headright Interest and Cash on hand in IIM Account related thereto;

b) 2007 Honda Civic, VIN 2HGFG11687H507136, Osage Nation Certificate of Title;

c) Lots 24, 25, 26, Block 12, Pawhuska Indian Village, Osage County, Oklahoma (homestead) (restricted) (includes affixed 2003 Palm Harbor mobile home, PH0711424AB)

d) All personal property located at homestead

10. That the Estate of Janna Lynne Stabler, 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 Janna Lynne Stabler 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 Janna Lynne Stabler 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 Janna Lynne Stabler, 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. NOTWITHSTANDING the foregoing paragraph, the Probate Court FURTHER FINDS as follows:

(a) That the Personal Representative received on the 13th day of October, 2023 a creditor’s claim dated the 6th day of October, 2023 by 21st Mortgage Corporation, PO Box 477, Knoxville, TN 37901 in the amount of $17,397.21, and said claim was rejected by the Personal Representative by written notice dated the 6th day of November, 2023,

(b) That a written notice of said rejection was mailed by first class mail via the United States Postal Service to Shavonna Robbins, Agent, 21st Mortgage Corporation, PO Box 477, Knoxville, Tennessee 37901 on the 8th day of November, 2023 notifying said claimant of the rejection of the claim pursuant to Title 58 O.S. Section 337 (F),

(c) That said first class mailing of the rejection notification further bore the return address of the Personal Representative’s attorney, and said rejection notification has not been returned by the U.S. Postal Service to the Personal Representative or the Personal Representative’s attorney,

(d) That no ancillary proceeding or independent action has been brought by the said creditor claimant subsequent to the Personal Representative’s rejection, and

(e) That the time computation required for notifications by first class mail under the authority of Title 12 O.S. Section 2006 of the Oklahoma Pleading Code, when read in conjunction with the forty-five (45) day period for limitation of actions as set forth in Title 58 O.S. Section 337 (F), establishes that more than forty-five (45) days has passed since the said creditor claimant received notice of the Personal Representative’s rejection thereby forever barring the said creditor claimant from pursuing said claim by operation of law.

14. That Lots 24, 25, 26, Block 12, Pawhuska Indian Village, Osage County, Oklahoma (homestead) (restricted) (includes affixed 2003 Palm Harbor mobile home, PH0711424AB) are free and clear of any lien against the estate.

15. That the 2003 Palm Harbor mobile home, PH0711424AB, is affixed to, and therefore an improvement to, Lots 24, 25, 26, Block 12, Pawhuska Indian Village, Osage County, Oklahoma (homestead) (restricted).

16. That the security interest claimed by 21st Mortgage Corporation in the 2003 Palm Harbor mobile home, PH0711424AB was not, and has never been, approved by the Bureau of Indian Affairs.

17. 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 Janna Lynne Stabler is now ready for closing and distribution.

18. That the Personal Representative has made no personal profit from any increase in the Estate of Janna Lynne Stabler.

19. That the Personal Representative waives the statutory fee.

20. That pursuant to the Oklahoma laws of testate succession, and according to the Last Will of Janna Lynne Stabler, deceased, should be distributed according to the Last Will and Testament to the following, to-wit:

NAME / TESTATE DISTRIBUTION

George O. Stabler / 100% interest of Property Nos 1 and 4 listed in General Inventory filed herein
(Property No 1: Osage Headright interest and IIM account) (Property No 4: All personal property located at homestead)

Daniel Stabler / 100% interest of Property No 3 listed in General Inventory filed herein
(Property No 3: homestead – lots in Pawhuska Indian Village)

Lindsay Marie Stabler / 100% interest of Property No 2 listed in General Inventory filed herein
(Property No 2: 2007 Honda Civic car)

21. That as to the Estate of Janna Lynne Stabler, deceased, the Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed herein on the 26th day of February, 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 26th day of February, 2024 has been given by George O. Stabler, 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 INCLUDING ALL CLAIMS MADE HEREIN OF 21ST MORTGAGE CORPORATION.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED by the Court that the Final Accounting filed on the 26th day of February, 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.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the attorney’s fees in the amount of FIVE THOUSAND DOLLARS AND ZERO CENTS ($5,000.00) are hereby approved and ordered paid to be paid from the IIM funds 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.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED on the representations of Steven L. Holcombe, counsel for George O. Stabler, that all costs of administration have been fronted by George O. Stabler, individually, but reimbursement of the same is waived.

DATED this 18th day of March, 2024.

____________________________________

THE HONORABLE STUART TATE

JUDGE OF THE DISTRICT COURT