AUTHORIZE CLERK TO SIGN DEED ON BEHALF OF
GREGORY WHITE AND TO PAY HIS PORTION OF THE SALE PROCEEDS
TO THE STATE TREASURER.
Case No. 143600010
IN THE FOURTH
JUDICIAL DISTRICT COURT IN AND FOR
JUAB COUNTY, STATE OF UTAH
In the Matter of the Estate of Eugenia E. White, Deceased.
Petitioner, C. Shannon White, through his legal counsel of record, hereby moves the Court to authorize the Court Clerk to sign a warranty deed, special warranty deed, or quitclaim deed on behalf of Gregory White and order that Gregory White’s portion of the estate funds be paid to the State Treasurer pursuant to Utah Code Ann. Sec. 75-3-914.
PROCEDURAL AND FACTUAL HISTORY
1. Eugenia E. White (“Decedent”) died on January 15, 2010. See Court file.
2. Petitioner is the son and heir of the Decedent. Id.
3. The Decedent was the owner of certain real property located in Juab County, State of Utah, which is identified herein as the “Real Property” and is more particularly described as
PARCEL: XA 00-0772-11: Beginning 80 feet West of the Southeast corner of Lot 2, Block 26, Plat “C”, Nephi Townsite Survey, thence West 134.5 feet to the Southwest corner of said Lot 2, thence North 107.25 feet to a point 107.25 feet South of the Northwest corner of said Lot 2, thence East 134.5 feet to a point due North of beginning, thence South 107.25 feet to beginning.
Containing 0.33 acre. Id.
4. On November 10, 2016, the Court entered a Second Amended Order of Determination of Heirs. This Order identified the following heirs to Decedent:
NAME ADDRESS RELATIONSHIP
Marcile W. Gilley 195 East Carlson Avenue, Midvale, Utah 84047 Daughter
C. Shannon White 905 East 500 North, Nephi, Utah 84648 Son
Ladd D. White 158 East 100 North, Nephi, Utah 84648 Son
Gregory White 7815 South Candlestick Lane, Apt. 202 Midvale, Utah 84047 Grandson
Arvile J. White 575 South 100 West, Nephi, Utah 84648 Son
Diane L. White 35 South 100 East, Nephi, Utah 84648 Daughter-in-law
Shawn M. White 602 West Cephus Road, Draper, Utah 84020 Grandson
Kevin M. White 370 East 200 South, Nephi, Utah 84648 Grandson
Fred D. White 421 South Utah Avenue, Provo, Utah 84606 Son
5. After the entry of the Second Amended Order, Petitioner has diligently tried to locate Gregory White. Despite those efforts, Petitioner has not been able to locate the whereabouts of Gregory White. To Petitioner’s knowledge, Gregory White does not have any heirs. Id.
6. Petitioner’s efforts to locate Gregory White have included the following: a) Contacting his relatives that are also the relatives of Gregory White and inquiring of them the whereabouts of Gregory White. These individuals have not provided any information that led to the location of Gregory White.
b) Having his counsel perform a search of on-line data (“accurint search”) to locate contact information for Gregory White. Having counsel call phone numbers gathered from that accurint search that potentially fit the description of Gregory White.
c) Sent letters to the last known address of Gregory White.
d) Publishing Notice of this Motion at least once a week for three consecutive weeks in the Nephi Times News, which is a paper of general circulation in Juab County.
See Declaration of C. Shannon White attached hereto as Exhibit “A”.
7. There is a buyer for the buyer of Real Property. Id.
8. Petitioner as well as the other heirs of Decedent’s estate would like to complete the sale of the Real Property and then distribute the proceeds with the heirs. Id.
9. Petitioner and the other heirs have not been able to finalize the sale of the Real Property because they cannot locate Gregory White to obtain his signature on the transferring deed. Id.
Utah Code Ann. Sec. 75-3-914 states that if an heir cannot be found then the personal representative shall distribute the missing person’s share of the estate with the state treasurer for the benefit of the state school fund. Petitioner has used reasonable diligence to locate Gregory White. Notwithstanding Petitioner’s efforts to locate Gregory White, he has been unsuccessful. Consequently, Petitioner and the other heirs have been unable to sell the Real Property and receive the proceeds from the sale. Petitioner requests that the Court authorize the Court Clerk to sign the appropriate deed to transfer the Real Property in behalf of Gregory White, and that Gregory White’s portion of the proceeds from the sale of the Real Property be paid to the State Treasurer.
Petitioner hereby requests that the Court 1) authorize the Court Clerk to sign a warranty deed, quitclaim deed, or special warranty deed in behalf of Gregory White to transfer the Real Property, and 2) order that Gregory White’s portion of the proceeds from the sale of the Real Property be paid to the State Treasurer. Petitioner further requests any other orders that the Court deems just and appropriate.
Respectfully submitted this 14th day of February, 2017.
/s/ KASEY L. WRIGHT
KASEY L. WRIGHT
for the Petitioner
Date of first publication March 18, 2017 - 4-1-2017