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ESTATE OF JOSEPH O. WALTERS, ALSO KNOWN AS JOSEPH OWEN WALTERS, Deceased

ESTATE OF JOSEPH O. WALTERS, ALSO KNOWN AS JOSEPH OWEN WALTERS, Deceased (16/183) — In this probate proceeding the petitioner, a sister of the decedent, seeks to probate an instrument dated October 1, 2015, and also seeks preliminary letters testamentary. For the reasons that follow, the court, sua sponte, recuses itself from hearing any matter in this estate.

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ESTATE OF JOSEPH O. WALTERS, ALSO KNOWN AS JOSEPH OWEN WALTERS, Deceased (16/183) — In this probate proceeding the petitioner, a sister of the decedent, seeks to probate an instrument dated October 1, 2015, and also seeks preliminary letters testamentary. For the reasons that follow, the court, sua sponte, recuses itself from hearing any matter in this estate.

It appears from the application that the decedent died on November 7, 2015 and his distributees are a spouse who is a 40 percent residuary beneficiary and three children who share another 40 percent of the residuary estate. The petitioner a nondistributee, receives the remaining 20 percent of the residuary estate under the instrument. Although one son filed a waiver and consent to the application, on the return date of the citation served on the spouse and the two remaining children, the petitioner and the spouse appeared by separate counsel and the two remaining children appeared pro se but indicated they may retain an attorney.

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