Motion,Ex Parte: PB-2007-75

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‘MOON

IN THE DISTRICT COURT OF OKLAHOMA COUNTY

STATE OF OKLAHOMA PRERINE THe RISTRICT CQUBT
IN THE MATTER OF THE ESTATE)
OF RONALD W. HEFNER, )
) Case No. PB-2007-75
Deceased. ) PATI gt CLERK
)

OBJECTION TO GENERAL INVENTORY AND VALUATION AND MOTION

FOR APPRAISEMENT
COMES NOW, Brian Bradley, general partner and a party in interest in Case No.
PB-2007-75, and objects to the General Inventory and Valuation pursuant to 58 O.S. §§
281(A), 290 and moves the Court, pursuant to 58 O.S. § 281(C), to enter an Order for
inventory and appraiscment in accordance with 58 O.S. § 282. In support of its Motion,
Mr. Bradley offers the following:

1. Okla. Stat. tit. 58 § 281(A) requires the Personal Representative of an estate to
file an inventory and appraisement within two months of appointment as Personal
Representative. Shari L. Kimbro was appointed Personal Representative of the estate of
Mr. Hefner on January 24, 2007. Mrs. Kimbro filed her General Inventory and
Valuation on July 6, 2007. The inventory and appraisement filed by the Personal
Representative is untimely by over three months.

2. The untimely filing of the inventory and appraisement has hindered Mr.
Bradley’s attempt to determine which assets he claims as general partner to Mr. Hefner.
Additionally, the vagueness of the inventory and valuation makes it nearly impossible to
determine what assets belong to the general partnership and what asscts belong to the

estate of Mr. Hefner.3. Upon information and belief, the delay has also caused an inaccurate reporting
of the assets that existed at the time of Mr. Hefner’s death and the asscts that are in the
possession of the Personal Representative.

4. Okla. Stat. tit. 58 § 290 states that the Personal representative is “entitled to the
possession of all the real and personal property of the decedent. .. .” Mr. Bradley states
upon information and belief, that the Personal Representative has in her possession, and
has included in her General Inventory and Valuation, property, both real and personal,
which do not belong to the estate of Mr. Hefner.

5. Mr, Bradley objects to the Personal Representatives Inventory and Valuation
because she has not complied with the statutory requirements, and the failure to comply
has rendered the valuation suspect and ineffectual in putting Mr. Bradley on notice of his
rights to certain property.

6. Okla. Stat. tit. 58 § 281(C) mandates that the Court “order the inventory and/or
an appraisement upon presentation of a written demand by...a creditor having filed a
claim...or other person having an interest in the estate.” Mr. Bradley has asserted that he
is a person having an interest in the estate as general pariner to Mr. Hefner.
Additionally, Mr. Bradley has asserted a contingent claim as a creditor to Mr. Hefner.
By virtue of this Objection and Motion for Appraisement, Mr. Bradley requests the

Court appoint appraisers for the inventory and valuation of the estate of Mr. Hefner.

WHEREFORE, Mr. Bradley prays this Court enter an Order, pursuant to 58 O.S. §

281(C), appointing appraisers for the inventory and valuation of the estate of Mr. Hefner, and

that this Court strike the General Inventory and Valuation compiled by the Personal

Representative of the estate of Mr. Hefner, together with any further relief this Court deems just

and equitable.tfully Submitted,

Richard C. Ogden, OBA #13749
MULINIX OGDEN HALL

ANDREWS & LUDLAM

A Professional Limited Liability Company
3030 Oklahoma Tower

210 Park Ave.

Oklahoma City, OK 73102

405-232-3800 Telephone

405-232-8999 (fax)

Attorney for Mr. Bradley

CERTIFICATE OF MAILING

This is to certify that on the 9th day of August, 2007, a true and correct copy of the foregoing
was mailed via first class mail postage prepaid to:

Robert R. Redwine
Elliott & Pederson
204 N. Robinson, Ste 2200
Oklahoma City, OK 73102

Attorney for Defendant

so)

Richard C, Ogden