NO. 23-4-02409-8
VERIFIED PETITION FOR DECREE OF DISTRIBUTION
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
In re the Estate of:
BARBARA L. REINES,
Deceased.
LEANN OVECHKA, as Personal Representative of the Estate of Barbara L. Reines, hereby renders Final Account and Petition for Decree of Distribution in decedent’s estate, pursuant to RCW 11.76.030.
1. Jurisdiction & Case Background: Barbara L. Reines (“Decedent”) died testate on April 13, 2023. Decedent was survived by her eight (4) adult children, Leann Ovechka (“Petitioner”), Louis A. Cannizzaro (“Louis”), Robert D. Loucks (“Robert”), Richard D. Loucks (“Richard”), and by her four (4) adult step-children, Michael L. Reines (“Michael”), Martin L. Reins (“Martin”), Cheryl L. Reines (“Cheryl”), and John L. Reines, Jr. (“John Jr.”). Decedent’s Last Will and Testament Dated August 29, 2016 (“Will”), nominated Petitioner as personal representative of Decedent’s estate. Petitioner was appointed Personal Representative of Decedent’s estate (“Estate”) by order of this Court on October 17, 2023, to serve without bond and with nonintervention powers. After all costs of administration and taxes are paid for from the Estate, Decedent’s Will directs the personal representative to distribute the residue of Decedent’s estate, in equal shares, among four (4) children, Petitioner, Louis, Robert, Richard, and among four (4) step children, Michael, Martin, Cheryl, and John Jr (collectively, “Beneficiaries”). (All 8 children are to receive the residue of Decedent’s estate in equal shares). 2. Notices: Upon appointment, Petitioner took steps to send notice of probate proceedings to all Beneficiaries. Upon appointment, Petitioner took steps to provide notice of the probate proceedings to all Beneficiaries, however, faced challenges in doing so as she had not been in contact with at least three of the beneficiaries. As indicated in the initial petition filed to open this probate matter, Petitioner was initially unable to confirm the addresses for Martin and for Cheryl. See Exhibit 1 to Declaration of Ahmad Khalaf. Through counsel, Petitioner conducted a separate search for each beneficiary’s most recent address, via the Accurint ™ feature of Thompson-Reuter’s Westlaw. Upon conducting a search on September 14, 2023, via Accurint ™, counsel’s search yielded current “probable” addresses for Martin, Cheryl, and John Jr. See Declaration of Ahmad Khalaf. Accordingly, Petitioner was able to identify possible addresses for each of Martin, Cheryl, and John Jr. Based on the findings from the searches conducted via Accurint, Petitioner mailed notice of probate proceedings to Decedent’s heirs on November 9, 2023. Since that date, Cheryl has contacted Petitioner to confirm her addresses. Michael confirmed to Petitioner Martin’s address. However, Petitioner has not yet been able to contact or reach John Jr., despite exercising due diligence to do so and exhausting all reasonable efforts. Over the past ten (10) months, Petitioner and her attorneys have made multiple attempts to locate John Jr.. On November 9, 2023, Petitioner’s counsel mailed a copy of the Notice of Probate proceedings to John Jr. at 4838 S K St. Tacoma, WA 98408. See Exhibit 3 to Declaration of Ahmad Khalaf. In recent months, Petitioner engaged a private investigator, Michael K. Anderson (“Mr. Anderson”), to locate and contact John Jr. John Jr. appears to be an unhoused individual with no confirmed mailing address. Accordingly, after doing some investigation, Mr. Anderson determined that John Jr. is known to have frequently hung out at the corner of Pacific Avenue and 96th Street in Tacoma, Washington. See Exhibit 2 to Declaration of Ahmad Khalaf. On or about the afternoon of April 25, 2024, Mr. Anderson personally visited the area including local business John Jr. was known to frequent and made inquiries to multiple people who also frequent the area, but was unable to locate John Jr. Id. Recently, Petitioner’s counsel conducted a renewed Accurint ™ search for John Jr.’s address. On or about July 22, 2024, Petitioner’s counsel became aware of an additional address for John Jr. and again proceeded to attempt to give notice. Petitioner’s counsel mailed a follow up notice of proceedings, with a cover letter informing John Jr. that he is entitled to a share of Decedent’s estate, on August 9, 2024. See Exhibit 4 to Declaration of Ahmad Khalaf. John Jr. has not contacted Petitioner’s counsel’s office since the follow up notice was sent via certified mail. All attempts by Petitioner, her attorneys, and Mr. Anderson, to locate Decedent’s heir John Jr. for the purpose of providing John Jr. with notice of probate proceedings and informing John Jr. of his right to a share of the Estate have proven unsuccessful. Court records in 2018 under Pierce County Superior Court Cause No. 18-1-02605-1 indicate that John Jr. did not have a known address at the time, and the Accurint ™ search revealed his residence at his most recent address at 5723 Hannah Pierce Rd W University Place, WA ended in or around 2011. Currently John Jr. is believed to be unhoused, and attempts to give notice via personal service to his last known locations have been unsuccessful. See Exhibit 5 and Exhibit 9 to Declaration of Ahmad Khalaf.
Notice to creditors has been published; the time for filing claims has expired; and all claims presented and filed have been approved, allowed and paid. Notice of this herein petition and hearing on such petition is being served on all interested parties, with the exception of John Jr. In order to ensure that all efforts to reach and provide notice to John Jr., Petitioner is concurrently filing with this Petition, a motion seeking leave to serve notice of this Petition via publication. Petitioner seeks to note the hearing on this Petition ninety (90) days from the date of filing, to allow for sufficient notice time for all interested parties, including without limitation, John Jr. or his heirs or assigns. Upon being granted such motion, Petitioner will publish notice of this petition in a legal newspaper in Pierce County, at least ninety (90) days in advance of the date and time noted for such hearing, well in excess of what is required by RCW 11.76.040. 3. Inventory and Appraisal: The estate was inventoried and appraised by the Personal Representative, and an accounting of the estate’s assets and liabilities was created in advance of this petition. At the time of Decedent’s passing, the Estate was comprised mainly of some cash in a bank account held by Decedent, as well as Decedent’s residence, which was located at 4838 S K Street Tacoma, WA 98408 (“Residence”). Since appointment, Petitioner successfully sold Decedent’s Residence and resolved all outstanding debts which the Estate was subject to. Currently, the Estate is comprised namely of cash held in the Estate’s bank account, the current total value of which is $75,861.58. See Exhibit 6 to Declaration of Ahmad Khalaf. 4. Taxes: No Federal Estate Tax Return or State of Washington Estate Tax Return was required to be filed. Petitioner does not anticipate any pending liability for income taxes, interest, or penalties.
5. Account & Allowance of Fees: Below is a breakdown of the balance of funds held in the estate’s account, as well as an itemization of past and future administration fees and costs: Balance of assets for distribution (prior to reserve and payment of
fees) $75,861.58
Leann Ovechka’s Personal Representative Fees $10,300.00
Leann Ovechka’s Costs Reimbursement $1,054.40 Private Investigator Fees
$1,500.00
Paid Attorneys’ Fees & Costs
to Date $10,230.12
Outstanding Current Attorneys’
Fees & Costs ($6,238.66)
Estimated Remaining Attorneys’
Fees & Costs ($1,495.00)
Additional Amount Held in Reserve
for Costs ($10,000.00)
6. Distribution to Adult Beneficiaries: Pursuant to Decedent’s Will, Petitioner will distribute the following amounts, to the adult beneficiaries of this estate, in the manner indicated:
Share Adult Beneficiary
1/8th Share/$7,265.99 LEANN OVECHKA 2914 136th St Ct E
Tacoma, WA 98446
1/8th Share/$7,265.99 LOUIS A. CANNIZARO
10313 67th Ave E
Puyallup, WA 99373
1/8th Share/$7,265.99 ROBERT D. LOUCKS
6306 Pacific Ave
Tacoma, WA 98408
1/8th Share/$7,265.99 RICHARD D. LOUCKS
P.O. Box 101 Graham, WA 98338
1/8th Share/$7,265.99 MICHAEL L. REINES
849 S Jackson Ave
Tacoma, WA 98465
1/8th Share/$7,265.99 MARTIN L. REINES
508 Highpoint Ln
Chelan, WA 98816
1/8th Share/$7,265.99 CHERYL L. REINES
1519 95th St E
Tacoma, WA 98445
1/8th Share/$7,265.99 JOHN L. REINES JR.
UNKNOWN
7. Request: Petitioner requests the court issue an order for the following:
A. Permitting Petitioner to hold back a reserve in the amount of $10,000.00, for the satisfaction of remaining costs of administration, if any;
B. Approving as reasonable the fee which the Personal Representative fee has taken for services, in the amount of $10,300.00, drawn from the funds held in the Estate’s bank account;
C. Approving reasonable cost reimbursements which the Personal Representative has taken in the amount of $1,054.40 from funds held in the Estate’s bank account;
D. Permitting Petitioner to publish notice of the Petition to John L. Reines, Jr. via publication in the Tacoma Daily Index;
E. Permitting Petitioner to distribute John L. Reines, Jr.’s share of the estate to unclaimed property through the process described in RCW 11.76.220;
F. Approving as reasonable past paid attorneys’ fees and costs in the amount of $10,230.12, approving as reasonable the outstanding attorney’s fees and costs in the amount of $6,238.66, and approving remaining attorneys’ fees and costs in the amount of $1,495.00 necessary for the completion of the probate of this estate, as Petitioner feels these fees and costs are reasonable for the services rendered; G. Approving distribution of each adult beneficiary’s share of the Decedent’s estate, as outlined in section 6 above; H. Discharging Petitioner from her duties and role as Personal Representative of this estate upon the filing of Receipts of Heir for all beneficiaries of this estate, and the filing of a Declaration of Completion of Probate. Dated September 12, 2024.
EISENHOWER CARLSON PLLC
By: /s/ Ahmad F. Khalaf, WSBA #50090
Todd M. Blodgett, WSBA #43542
Attorneys for Personal
Representative 909 A Street, Suite 600
Tacoma, WA 98402
(253) 572-4500
akhalaf@eisenhowerlaw.com
tblodgett@eisenhowerlaw.com
I, Leann Ovechka, say:
I am the Personal Representative of the Estate of Barbara L. Reines, and I have read the foregoing petition, know the contents therein, and believe the same to be true. I further affirm that I have complied with all requirements under RCW 11.76.040 and have published notice of this petition and hearing thereon in the Tacoma Daily Index, on September 10, 2024, which is ninety (90) days in advance of the hearing date. The foregoing statement is made under penalty of perjury under the laws of the State of Washington and is true and correct.
Signed at Tacoma , Washington, on September 6, 2024. Leann Ovechka
Personal Representative of the Estate of
Barbara L. Reines
DATE OF FIRST PUBLICATION
OF THIS PETITION:
September 13, 2024. IDX-1002363
September 13, 20, 27, October 4, 11, 18, 2024
