throbber
Posted Notice
`
`Issue Pub Cit
`
`FILED
`7/6/2023 3:23 PM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`PR-23-02417-3
`
`CAUSE No. PR-20-
`
`-2
`
`IN RE: ESTATE OF
`
`VELMA JEWEL TUCKER,
`
`DECEASED
`





`
`IN THE PROBATE COURT
`
`NO. TWO OF
`
`DALLAS COUNTY, TEXAS
`
`APPLICATION FOR DETERMINATION OF HEIRSHIP
`AND LETTERS OF ADMINISTRATION
`
`Zachary E. Johnson, Administrator of the Estate of Burnis Tucker, Sr., Deceased
`
`(“Applicant” or “Administrator”) files this Application for Determination of Heirship and
`
`Letters of Administration (the “Application”) in the above-referenced Estate and respectfully
`
`showsthe Court as follows:
`
`DECEDENT
`
`1.
`
`VELMA J. TUCKER(“Decedent”) (SSN#: XXX-XX-X185, TDL#: Unknown)died
`
`on April 9, 1981, at the age of fort-six (46) years. At the time of her death, the Decedent’s domicile
`
`and fixed place of residence was: 1342 Carson Street, Dallas, Dallas County, Texas 75216.
`
`APPLICANT
`
`2.
`
`Zachary E. Johnson (Social Security No. XXX-XX-X411 and Driver’s License No.
`
`XXXXX005) is the Administrator of the Estate of Burnis Tucker, Sr., Deceased. Mr. Tucker was
`
`the surviving spouse of the Decedent. Applicant’s business address is SPENCER, JOHNSON &
`
`HARVELL, PLLC, 500 N. Akard Street, Suite 2150, Dallas, Texas 75201.
`
`JURISDICTION AND VENUE
`
`3,
`
`This Court has jurisdiction and venue under the Texas Estates Code because the
`
`Decedent was domiciled and had herfixed place ofresidence in Dallas County, Texas on her date of
`
`death andher principal Estate is located in Dallas County, Texas.
`
`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION- Page 1 of 5
`
`

`

`APPLICATION
`
`4.
`
`To the best of Applicant’s knowledge, the Decedent was married one (1) time.
`
`Decedent’s marriage was to Burnis Tucker, Sr. (“Burnis, Sr.”). Decedent’s marriage to Burnis,Sr.
`
`ended with her death in 1981. All marriages of the Decedent that Applicantis aware of have been
`
`listed.
`
`5.
`
`Applicant believes Decedent had four (4) children: (i) Debbie Tucker,(ii) Timothy
`
`Tucker, (iti) Burnis Tucker, Jr., and (iv) Alvin V. Tucker. Applicant is not aware of any other
`
`children that were born to or adopted by the Decedent; all children born to or adopted by the
`
`Decedent that Applicant is aware of have been listed.
`
`6.
`
`Applicant believes the Decedent wassurvived by her husband, Burnis, Sr., and her
`
`four (4) children, who survived Decedent by one-hundred and twenty (120) hours (TEX. Est. CODE
`
`§121.052). Applicant believes the heirs of Decedent, their relevant information andtheir shares in
`
`Decedent’s Estate are as follows:
`
`Heir
`
`Relationship
`
`Share of Decedent’s Estate
`
`a.
`
`Estate of Burnis Tucker, Sr.' Spouse (Deceased)
`c/o Zachary E. Johnson,
`Administrator
`500 N. Akard Street, Ste 2150
`Dallas, Texas 75201
`
`100% ofthe Community Property,
`1/3of Decedent’s Separate Personal
`Personal Property, 1/3™ Life Estate in
`Decedent’s Separate Real Property
`
`b.
`
`Estate of Debbie Tucker”
`
`Daughter (Deceased) 1/6" ofDecedent’s Separate Real and
`Personal Property, 1/4" of Decedent’s
`Separate Real Property Subject to
`Burnis Tucker, Sr.’s Life Estate in 1/3
`of Decedent’s Separate Real Property
`
`' Burnis Tucker, Sr. died on August 26, 2022. Zachary E. Johnson wasappointed andis currently
`serving as the Administrator of her Estate, which is pending in Cause No. PR-23-00342-2 in The
`Probate Court of Dallas County, Texas.
`* Debbie Tucker apparently died after Decedentin or around 1983.
`
`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION - Page 2 of 5
`
`

`

`c.
`
`d.
`
`e,
`
`Timothy Tucker
`1342 Carson Street
`Dallas, Texas 75216
`
`Burnis Tucker, Jr.
`241 Georgetown Drive
`Forney, Texas 75126
`
`Alvin V. Tucker
`4121 Summitt Ridge Dr.
`Dallas, Texas 75216
`
`Son
`Adult
`
`Son
`Adult
`
`Son
`Adult
`
`1/6" of Decedent’s Separate Real and
`Personal Property, 1/4 of Decedent’s
`Separate Real Property Subject to
`Burnis Tucker,Sr.’s Life Estate in 1/3"!
`of Decedent’s Separate Real Property
`
`1/6" of Decedent’s Separate Real and
`Personal Property, 1/4 of Decedent’s
`Separate Real Property Subject to
`Burnis Tucker, Sr.’s Life Estate in 1/3"
`of Decedent’s Separate Real Property
`
`1/6" of Decedent’s Separate Real and
`Personal Property, 1/4 of Decedent’s
`Separate Real Property Subject to
`Burnis Tucker, Sr.’s Life Estate in 1/34
`of Decedent’s Separate Real Property
`
`7.
`
`To the best of Applicant’s knowledge and belief, Decedent died without a Will.
`
`Applicant has made a diligent search, but no Will has been found.
`
`8.
`
`Decedent owned real and personal property with a probable value in excess of
`
`$5,000.00.
`
`9.
`
`A necessity exists for the administration of Decedent’s Estate as assets need to be
`
`collected, characterized, sold and/or distributed. Applicant is qualified and not disqualified from
`
`serving as the Administrator ofthe Decedent’s Estate. Administrator requests that the Court appoint
`
`him as the Dependent Administrator of the Decedent’s Estate.
`
`10.
`
`Thereis no necessity for court-appointed appraisers for this Estate, and it is requested
`
`that none be appointed.
`
`11.
`
`This Application does not omit any information required by the Texas Estates Code.
`
`ATTORNEYS AND ATTORNEYS’ FEES
`
`12.
`
`Applicant requests that the Court appoint an Attorney Ad Litem to represent the
`
`Unknown Heirs of Decedent, if any, pursuant to TEX. ESTATES CODE §53.104, and that all fees
`
`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION- Page 3 of 5
`
`

`

`and expenses associated with this appointment be taxedas costs of this proceeding and paid out of
`
`Decedent’s Estate, also pursuant to TEX. ESTATES CODE §53.104.
`
`ATTORNEY’S FEES
`
`13.
`
`Applicant has acted in goodfaith and for just cause and requests that his reasonable
`
`attorney’s fees and expenses resulting from this proceeding be paid from funds of Decedent’s
`
`Estate.
`
`WHEREFORE,Applicant requests that citation issue as required by law and, uponhearing,
`
`the Court determine and declare the heirs and only heirs of Decedent and determine and declare each
`
`heir’s respective share and interest in this Estate; appoint Applicant as the Administrator of the
`
`Decedent’s Estate and, upon qualification, authorize the issuance of and order that Letters of
`
`Administration be issued to Applicant; order that the attorney’s fees and expenses of Applicant be
`
`taxed as costs of this proceeding to be paid out of Decedent’s Estate; and grant general relief.
`
`Respectfully submitted,
`
`SPENCER, JOHNSON, & HARVELL, PLLC
`
`By:
`
` /s/Zachary E. Johnson
`Zachary E. Johnson
`Texas Bar Card No. 24063978
`zach@dallasprobate.com
`
`500 N. Akard Street, Suite 2150
`Dallas, Texas 75201
`(214) 965-9999
`(214) 965-9500 — Fax
`
`DEPENDENT ADMINISTRATOR AND
`APPLICANT
`
`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION - Page 4 of 5
`
`

`

`VERIFICATION
`
`STATE OF TEXAS
`

`
`COUNTY OF DALLAS
`
`BEFORE ME,the undersigned authority, on this day personally appeared ZACHARYE.
`
`JOHNSON,in his capacity as Administrator of the Estate of Burnis Tucker, Sr., Deceased, who
`
`on his oath states that he is an Applicant in the above Application and being by me duly sworn on
`
`oath, deposes andsaysthat, insofar as is known to him andto thebest of his knowledge andbelief,
`
`all of the allegations of Applicant in the above and foregoing Application are true and correct in
`
`substance andin fact and that no material fact or circumstance, either required by law to be alleged
`
`or in any way involving the matters to be determined herein has, within such affiant’s knowledge,
`
`been omitted from such Application.
`
`;
`ZACHARYE. JOHN
`Administrator of the Estate of Burnis Tucker,Sr.,
`Deceased
`
`Lh
`SWORN TO AND SUBSCRIBED BEFORE MEthis the e day ofJuly, 2023.
`
`
`
`
`
`JAMIE C. WARD
`
`Notary Public, State of Texas f
`
`
`ID# 134213885
`
`My Commission Expires
`February 22, 2027
`
`My Commission Expires:
`
`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION- Page5 of5
`
`

`

`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the personslisted below. The rules governing
`certificates of service have not changed. Filers muststill provide a
`certificate of service that complies with all applicable rules.
`
`Jamie Ward on behalf of Zachary Johnson
`Bar No. 24063978
`jamie@dallasprobate.com
`Envelope ID: 77268414
`Filing Code Description: Ody - Application
`Filing Description: APPLICATION FOR DETERMINATION OF HEIRSHIP
`AND LETTERS OF ADMINISTRATION
`Status as of 7/6/2023 8:03 PM CST
`
`Case Contacts
`
`SENT Kenia M.Gonzalez P| kenia@dallasprobate.com|7/6/2023 3:23:20 PM|SENT
`
`
`
`Zachary EJohnson zach@dallasprobate.com|7/6/2023 3:23:20 PM
`
`jamie@dallasprobate.com|7/6/2023 3:23:20 PM|SENT
`
`Madi Breazeale
`
`
`madi@dallasprobate.com|7/6/2023 3:23:20 PM SENT
`
`

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