IN THE DISTRICT COURT OF COTTON COUNTY
STATE OF OKLAHOMA
JERRY MAX STOLL JR., PERSONAL REPRESENTATIVE OF THE ESTATE OF ELLA DOLORES STOLL-GREEN, DECEASED; and,
JERRY MAX STOLL, JR., SUCCESSOR TRUSTEE OF THE ELLA DOLORES STOLL LIVING TRUST DATED NOVEMBER 7, 2006
Plaintiffs,
v.
THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES OR ASSIGNS OF MICHAEL H. GREEN, deceased;
LARRY JOE GREEN, if living, and spouse, if married;
THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES OR ASSIGNS OF LARRY JOE GREEN, if deceased;
THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES OR ASSIGNS OF TERRIE LEE GREEN, deceased;
THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES OR ASSIGNS OF DENNIS GLEN GREEN, deceased;
THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES OR ASSIGNS OF LESTA M. GREEN, deceased;
Defendants.
PETITION TO QUIET TITLE
COMES NOW the Plaintiff, Jerry Max Stoll, Jr., as personal representative of the Estate of Ella Dolores Stoll-Green, deceased, and also as the Successor Trustee of the Ella Dolores Stoll Living Trust dated the November 7, 2006 and would show the Court the following:
The Parties
1. The Plaintiff, Jerry Max Stoll, Jr., was duly appointed as the Personal Representative of the Estate of his mother, Ella Dolores Stoll-Green on the 4th day of March, 2025 in the probate court case pending as number PB-2025-19, in the District Court of Payne County, State of Oklahoma following her death on November 11, 2024.
2. The Plaintiff Jerry Max Stoll, Jr., also serves as the Successor Trustee of his mother’s trust, the Ella Dolores Stoll Living Trust dated November 7, 2006, said trust being one and the same and sometimes referred to as the Ella Dolores Stoll Living Trust dated November 2, 2006, being an errant date reference in her Last Will and Testament, and sometimes simply referred generically to as the Ella Dolores Stoll-Green Trust.
3. That Ella Dolores Stoll-Green is one and the same person as Ella Dolores Green and the same as Ella Dolores Stoll, and sometimes referred to as Ella Dolores Stoll-Green or occasionally as Ella Dolores Stoll Green, and commonly referred to as Dee Stoll, all of which names refer to one and the same person, who is hereinafter referred to throughout this Pleading as “Dee Stoll”.
4. That following the death of her first husband, Jerry Max Stoll, Dee Stoll subsequently married Michael Henry Green.
5. That on or about May 10, 2018, Michael H. Green departed this life as a resident of Denison, Texas. His petition was probated in the State of Texas, County of Grayson, probate case no. 2018-271P.
6. That at the time of this death, Michael H. Green was without any direct lineal descendants. His Last Will and Testament distributed his entire estate to his surviving spouse, Dee Stoll also known as Dee Green.
7. That, the Last Will and Testament of Michael H. Green was probated in the County of Grayson, State of Texas. Pursuant to its terms, Dee Stoll was the sole and only beneficiary and entitled to distribution of all of his estate. No other heirs, executors, administrators, devisees, trustees or assigns are known to exist.
8. It is not known whether Defendant Larry Joe Green is living or deceased. If living, his whereabouts are unknown; and if deceased, the names, identities, addresses and whereabouts of his beneficiaries or heirs at law are unknown. Upon information and belief, Defendant Larry Joe Green had no direct lineal descendants that survived him.
9. Upon information and belief, the following persons were relatives or nearest kin of Michael H. Green, deceased, and are believed to be or may be deceased, and that the names and whereabouts of their heirs are unknown: Terrie Lee Green, Dennis Glen Green, Lesta M Green, and Larry Joe Green (collectively referred to as the “Green Parties”).
10. Plaintiffs have made reasonable investigation to determine all living relatives of those parties above named, who, upon information and belief, are now deceased, and have not been able to ascertain the names and whereabouts of all heirs and beneficiaries, and Plaintiffs have exercised due diligence in reviewing all records concerning title, including filings with the Payne County Clerk, records of probate and of civil actions available on the Oklahoma State Court Network (OSCN), and the Grayson County Online Court Records and information available through Internet sources, and state that service upon all defendants cannot be effectively made,
except by publication, and request that they be authorized to provide the summons notice by publication.
11. Service on the following defendants cannot be effectively made, except by publication, and Plaintiffs request that they be authorized to provide summons notice by publication by publishing thrice in a legal newspaper in the county in which the property is located on the unknown defendants, and their heirs, if applicable:
MICHAEL HENRY GREEN
LARRY JOE GREEN
TERRIE LEE GREEN
DENNIS GLEN GREEN, and
LESTA M GREEN.
Factual Background
12. That on or about the 7th day of November, 2006, Dee Stoll created her intervivos revocable living trust known as The Ella Dolores Stoll Living Trust dated November 7, 2006 (hereinafter the "Trust").
13. That on or about May 10, 2018, Michael H. Green departed this life as a resident of Dennison, Texas, and his Last Will and Testament was offered for probate in Grayson County, State of Texas, and probated as case number 2018-271P. (hereinafter the "Probate Case").
14. That Michael H. Green was without any direct lineal descendants, and his entire estate passed to his then surviving spouse Ella Dolores Stoll-Green, also known as Dee Green, (and referred to herein as Dee Stoll), pursuant to the terms of his Last Will and Testament.
15. That, Dee Stoll failed to transferred all real properties that she inherited from her husband, Michael H. Green, to her Trust.
16. That Dee Stoll departed this life on November 11, 2024.
] 17. That, at the time of death, Dee Stoll was the beneficial owner of certain real properties that she had inherited from her husband, Michael H. Green although she had not yet transferred title to her Trust including that certain tract of real property in Cotton County, Oklahoma, described, to wit:
Lots Three (3) and Four (4) and the South Half (S/2) of the Northwest Quarter (NW/4) of Section Three (3) in Township Three (3) South, of Range Thirteen (13) West I. M., Cotton County, State of Oklahoma, and containing 172.76 acres, more or less
(hereinafter the "Property")
18. That at the time of her death, Dee Stoll had executed testamentary instruments, notably her Last Will and Testament (hereinafter the "Pour Over Will"), providing, generally, for the disposition of any assets that were held in her name individually, and that had not been transferred to her Trust, to be distributed to the Trustee of her Trust.
19. Dee Stoll’s Pour Over Will was admitted that to probate in the District Court of Payne County, Oklahoma on March 4, 2025 and Letters Testamentary were issued in favor of her son, Jerry Max Stoll, Jr., and Plaintiff herein.
20. Pursuant to the terms of her Pour Over Will, Dee Stoll’s entire estate was to be distributed to the Trustee of her Trust.
21. That at the time of his death, Michael H. Green was not survived by any direct lineal descendants or heirs at law, other than his surviving spouse, Dee Stoll.
22. The estate of Michael H. Green was probated, and his beneficiaries were determined to be his surviving spouse, Dee Green, who was the beneficiary of his entire estate
23. That the unknown heirs of Michael H. Green may claim some right, title or interest in and to the Property, but any such persons are unknown.
24. Plaintiffs request for all unknown heirs, devisees, beneficiaries, successors, heirs at law, trustees, however designated, of Michael Henry Green, who may claim some right, title or interest, that they be served thrice by summonses publication notice, and be required to appear, answer and present any claim that they may have in and to the Property.
25. Plaintiff's request that Defendant Larry Joe Green, if living, or, if deceased, that his unknown heirs, devisees, beneficiaries, successors, heirs at law, trustees, however designated, who may claim some right, title or interest, be served thrice by summonses publication notice, and be required to appear, answer and present any claim that they may have in and to the Property.
26. Plaintiffs request for all unknown heirs, devisees, beneficiaries, successors, heirs at law, trustees, however designated, of Terrie Lee Green, Dennis Glen Green, Lesta M Green who may claim some right, title or interest, that they be served thrice by summonses publication notice, and be required to appear, answer and present any claim that they may have in and to the Property.
27. Plaintiffs assert that no dispute appears as to ownership of the Property, and that title needs only to be quieted by transfer through court order or decree to the Executor of the Estate of Ella Dolores Stoll-Green, or alternatively, to the Trustee of her Trust pursuant to her Last Will and Testament, of the properties distributed to her under the Last Will and Testament of Michael H. Green.
Adverse Possession
28. Dee Stoll, or the Plaintiffs, acting either as Executor of her Estate, or as Trustee of her Trust, have held through themselves or through their predecessors in interest, open, adverse, notorious, hostile and continuous possession to the Property against all others for a period in excess of fifteen (15) years.
29. Since distribution to Dee Green from the estate of Michael H. Green, all taxes due to the County Treasurer have been paid by her or the Plaintiffs under their claim of ownership.
30. Plaintiffs should be determined to be the legal and equitable holders of title to the Property.
31. This case is ripe for determination that title to the Property be quieted in the names of the Plaintiffs under the theory of adverse possession.
32. All parties named, known or unknown, should be required to set forth any right, title, or interest that they may claim in and to the Property, or be forever barred.
Additional Equitable Relief
33. Plaintiffs have identified an insurance policy benefit available to Michael H. Green through MetLife insurance Company. The instrument issued by MetLife listed Michael H. Green as the payee. The instrument was not payable to Dee Green, or to her Estate, or to the Executor of her Estate. Plaintiffs have been unable to negotiate the check, and request that MetLife be directed to reissue the check to an alternate payee.
34. Additionally, there may be retirement benefits available through the Federal Bureau of Investigation representing employee contributions or other entitlements that Michael H. Green may have had following his death, and that these should have been paid to Dee Green a.k.a. Dee Stoll as his surviving spouse. However, these were not paid to her prior to her death, and should now be paid to her Estate, or to the Executor of her estate, and Plaintiffs request that the Federal Bureau of Investigation be directed to reissue the check to an alternate payee.
35. Plaintiff’s request that publication notice be authorized for the equitable and additional relief requested as they do not know the current whereabouts of any unknown heirs, beneficiaries, successors, legatees, or trustees of Michael H. Green, and that after exercising due
diligence in attempting to locate any, have found none, and believe that none exist, other than Dee Green a.k.a. Dee Stoll, then his surviving spouse.
WHEREFORE, Premises Considered, Jerry Max Stoll, Jr. requests, in his capacity as Executor of the Estate of Ella Dolores Stoll-Green, and also as Trustee of Ella Dolores Stoll Living Trust dated November 7, 2006, that the Court find that they have exercised due diligence in naming and identifying the party defendants and taken reasonable steps to identify and ascertain their true legal names and addresses, and that there is no method or manner of service that may be made upon said defendants, except by publication, reasonably calculated to provide service upon said defendants, and that the Court find that publication service of said unknown heirs and beneficiaries satisfies the minimal constitutional requirements of due process, with said Notice being published thrice in a legal newspaper of general circulation in the county in which the Property is located, and that following service on all defendants, that the Court grant judgment in favor of Plaintiffs, finding that Plaintiffs and their predecessors in interest have held open, adverse, notorious, hostile and continuous possession of the Property against all others for a period in excess of fifteen (15) years, and that title to the Property be quieted in the names of Plaintiffs, and finding that title to the real properties inherited by Ella Dolores Stoll-Green through her predeceased husband, Michael H. Green, be found valid, free and clear of any liens or encumbrances or claims of any other parties claiming to be heirs, beneficiaries, successors, trustees, or the persons claiming any right, title or interest in and to the property by reason of the will, intestacy, trust distributions, or otherwise, and that title be quieted and found to be held in the name of Jerry Max Stoll, Jr., as personal representative of the Estate of Ella Dolores Stoll-Green, or alternatively, to be found to be held in the name of Jerry Max Stoll, Jr., as Trustee of the Ella Dolores Stoll Living Trust dated
November 7, 2006, and that further equitable relief be granted, and for such other and further relief to which the Plaintiffs may be justly entitled.
Respectfully submitted,
John E. Koemel, Jr., OBA #17659
Koemel Law, PLLC
205 W. 7th Ave Ste 101-B
Stillwater, OK 74074
Telephone: (405) 533-1885
[email protected]
Attorney for Plaintiffs
VERIFICATION
AND AFFIDAVIT OF DUE DILIGENCE
STATE OF OKLAHOMA ) )
COUNTY OF PAYNE ) SS.
I, Jerry Max Stoll, Jr., of lawful age, being first duly sworn upon my oaths, deposes and states as follows:
1. I am the Plaintiff in the above-entitled cause of action in my capacity as both the Personal Representative of my mother’s estate, the Estate of Ella Dolores Stoll-Green, deceased, and also as the Successor Trustee of my mother’s trust, The Ella Dolores Stoll Trust dated November 7, 2006.
2. Michael H. Green was married to my mother, Ella Dolores Stoll Green also known as Dee Green. He predeceased her on May 10, 2018. Subsequent to his death, his probate estate was opened, and his last will and testament was offered for probate. My mother, Dee Green a.k.a. Dee Stoll was appointed as his personal representative and she administered his estate. The case was filed as a probate action in Grayson County, Texas, probate case number 2018-271P. No determination was made of the identity of any issue or heirs at law, as there were none, other than my mother as his surviving spouse.
3. I have reviewed title information concerning the property which is the subject of this petition. I requested our attorney to conduct a diligent investigation of parties, particularly of probate matters, and concerning the distribution to heirs, beneficiaries, legatees and devisees under Texas and Oklahoma law, and under any applicable last wills and testaments and/or trusts.
4. I have also made attempts to locate the whereabouts of the last known heirs and beneficiaries of Michael H. Green. First, I am relatively familiar with Michael Green and his family. I knew him well. He had no direct lineal descendants or other lineal heirs at law.
5. Michael H. Green had a brother, Larry Joe Green, whom I am now unable to locate. I conversed with Larry Joe Green on a number of occasions in years past. However, I do not know his current whereabouts and I am unable to locate him. I am unable to confirm whether he remains living. If deceased, I do not know his unknown heirs, executors, administrators, devisees, trustees or assigns.
6. I am not aware of any persons that are claiming any right, title or interest to any properties administered in the estate of Michael H. Green. I am not aware of any claims by any heirs of Michael H. Green, other than the Estate of Ella Dolores Stoll-Green, or her Trust as her beneficiary, to any right, title or interest in any properties administered in the estate of Michael H. Green. I am not aware of any claims by Larry Joe Green, or if he is deceased, of any of his heirs at law.
7. That prior to the death of Michael Green, my mother had created an intervivos trust known as the Ella Dolores Stoll Living Trust dated November 7, 2006. She served as the original Trustee of the Trust and appointed me as Successor Trustee.
8. Although there is no dispute as to ownership, and my mother continued to hold and administer all property that she inherited from Michael H. Green, I now aware that she failed to transfer title to all real property which she had inherited from Michael H. Green into her Trust.
9. My mother departed this life on November 11, 2024. I located what was identified as her Last Will and Testament among her important papers. It is a Pour Over Will, providing generally, for the transfer of any property which she had failed to transfer to her Trust to be distributed to her Successor Trustee as her sole and only beneficiary.
10. I have offered her Last Will and Testament for probate in the City of Stillwater, County of Payne, State of Oklahoma, as probate case number PB-2025-19.
11. I was appointed as Personal Representative of the Estate by Order entered in said probate case on March 4, 2025.
12. At the time of this Affidavit, the Estate remains pending, as a Final Decree has not been entered and distribution has not yet been made pursuant to the terms of her Last Will and Testament.
13. I or my attorneys have conducted due diligence to confirm the names and addresses of all unknown heirs, beneficiaries, designees, assigns, successors and trustees, including those of Michael H. Green. I have reviewed family information, obituary information, probate information, and other material documents in attempts to ascertain the names and addresses of any such persons.
14. I have attempted to resolve all title issues and determine the correct ownership and the transfers that have been made or which need to be made.
15. I have read the above and foregoing Petition and know the contents thereof. The statements and allegations made therein are true and correct to the best of my knowledge and belief.
Further affiant sayeth not.
Jerry Max Stoll, Jr., Plaintiff
Subscribed and sworn to before me this 3rd day of April, 2025.
(SEAL)
NOTARY PUBLIC
My Commission Expires: 7-25-26
