Nov. 22, 2022
STATE OF MINNESOTA
COUNTY OF POLK
DISTRICT COURT
NINTH JUDICIAL DISTRICT
Court File No.: 60-PR-22-1820
In Re: Estate of Paul W. Ophus,
Decedent.
Notice and Order for Hearing on Petition for Formal Adjudication of Intestacy, Determination of Heirship, and Appointment of Personal Representative and Notice to Creditors
It is ordered and notice is given that on December 15, 2022 at 9:00 a.m. a hearing will be held at 816 Marin Ave., Suite 210, Crookston, MN 56716 for the formal adjudication of intestacy and determination of heirship of the Decedent, and the appointment of Judy Ophus, 40270 390th St. SE, Fosston, Minnesota, 56542 as Personal Representative of the Estate of the Decedent in an unsupervised administration.
Any objections to the petition should be filed with the Court prior to or raised at the hearing. NOTE: You will need to pay a filing fee when you file the objection. If you cannot afford the fee, you can ask for a fee waiver (see http://mncourts.gov/GetForms.aspx?c=19&p=69).
If proper and if no objections are filed or raised, the personal representative will be appointed with full power to administer the Estate including the power to collect all assets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate.
Notice is further given that, subject to Minn. Stat. § 524.3-801, all creditors having claims against the decedent’s estate are required to present the claims to the personal representative or to the Court within four (4) months after the date of this notice or the claims will be barred.
BY THE COURT:
Jeffrey S. Remick
Dated: November 15, 2022
District Court Judge OR Court Administrator
Ashley M. Boomgaarden (MN# 0403504)
D.A. Buehler, P.C.
P.O. Box 85
120 1/2 2nd Street NW
Fosston Minnesota 56542
Telephone: (218) 435-1900
Facsimile: (218) 435-1905
ATTORNEY FOR PERSONAL REPRESENTATIVE
11/22-11/29, 2022
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STATE OF MINNESOTA
IN DISTRICT COURT
INDEX 10
COUNTY OF POLK
NINTH JUDICIAL DISTRICT
Case No. 60-CV-22-1823
SUMMONS
Resource Management, L.L.P., Mark Berhow, and Janelle Berhow; Plaintiffs,
vs.
H. B. Montgomery, if living; if deceased, all the unknown heirs of H. B. Montgomery; and also all other persons or parties unknown claiming any right, title, estate, interest or lien in the real estate described herein;
Defendants.
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS AND ALL OTHER PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, INTEREST, OR LIEN IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is on file in the office of the Court Administrator of the above-named Court. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.
2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 21 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:
407 N. Broadway
PO Box 605
Crookston, MN 56716
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. That parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
7. To be included only if this lawsuit affects title to real property:
THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY LOCATED IN the County of Polk and State of Minnesota, described as follows:
Lots One (1), Two (2), Three (3) and Four (4), School House Square, Original Townsite of Crookston; vacated North Ash Street between the north boundary of East Third Street and the south boundary of East Fourth Street as platted in the Original Townsite of Crookston; and Clement’s Subdivision of Block Twenty-nine (29), Original Townsite of Crookston, Polk County, Minnesota.
The object of this action is to obtain the judgment of said Court determining the Plaintiff’s title and all adverse claims to the above-described tract of land, adjudging that Plaintiff is the owner in fee simple absolute and entitled to possession of said tract of land and the whole thereof, adjudging that the Defendants in said action, and each of them, have no right, title, claim, interest or estate in or to said tract of land or lien thereon, and adjudging such other relief as the Court shall deem proper.
YOU ARE FURTHER NOTIFIED that no personal claim is made against any of the Defendants and that this action is brought only for the purpose of determining adverse claims to real estate and vesting title in the Plaintiff thereby.
DATED: 11/9/2022.
FISCHER, RUST, STOCK & RUST, PLLC
By /s/ Matthew J. Rust
Matthew J. Rust
MN Attorney License No. 0386999
Attorneys for Plaintiff
407 N. Broadway/PO Box 605
Crookston, MN 56716
(218) 281-2400
mrust@crookstonlaw.com
11/15-11/29, 2022