`
`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
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`VELMA JEWEL TUCKER,
`
`DECEASED
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`§
`§
`§
`§
`§
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`IN THE PROBATE COURT
`
`NO. TWO OF
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`DALLAS COUNTY, TEXAS
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`APPLICATION FOR DETERMINATION OF HEIRSHIP
`AND LETTERS OF ADMINISTRATION
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`Zachary E. Johnson, Administrator of the Estate of Burnis Tucker, Sr., Deceased
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`(“Applicant” or “Administrator”) files this Application for Determination of Heirship and
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`Letters of Administration (the “Application”) in the above-referenced Estate and respectfully
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`showsthe Court as follows:
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`DECEDENT
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`1.
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`VELMA J. TUCKER(“Decedent”) (SSN#: XXX-XX-X185, TDL#: Unknown)died
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`on April 9, 1981, at the age of fort-six (46) years. At the time of her death, the Decedent’s domicile
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`and fixed place of residence was: 1342 Carson Street, Dallas, Dallas County, Texas 75216.
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`APPLICANT
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`2.
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`Zachary E. Johnson (Social Security No. XXX-XX-X411 and Driver’s License No.
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`XXXXX005) is the Administrator of the Estate of Burnis Tucker, Sr., Deceased. Mr. Tucker was
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`the surviving spouse of the Decedent. Applicant’s business address is SPENCER, JOHNSON &
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`HARVELL, PLLC, 500 N. Akard Street, Suite 2150, Dallas, Texas 75201.
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`JURISDICTION AND VENUE
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`3,
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`This Court has jurisdiction and venue under the Texas Estates Code because the
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`Decedent was domiciled and had herfixed place ofresidence in Dallas County, Texas on her date of
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`death andher principal Estate is located in Dallas County, Texas.
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`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION- Page 1 of 5
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`
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`APPLICATION
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`4.
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`To the best of Applicant’s knowledge, the Decedent was married one (1) time.
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`Decedent’s marriage was to Burnis Tucker, Sr. (“Burnis, Sr.”). Decedent’s marriage to Burnis,Sr.
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`ended with her death in 1981. All marriages of the Decedent that Applicantis aware of have been
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`listed.
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`5.
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`Applicant believes Decedent had four (4) children: (i) Debbie Tucker,(ii) Timothy
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`Tucker, (iti) Burnis Tucker, Jr., and (iv) Alvin V. Tucker. Applicant is not aware of any other
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`children that were born to or adopted by the Decedent; all children born to or adopted by the
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`Decedent that Applicant is aware of have been listed.
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`6.
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`Applicant believes the Decedent wassurvived by her husband, Burnis, Sr., and her
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`four (4) children, who survived Decedent by one-hundred and twenty (120) hours (TEX. Est. CODE
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`§121.052). Applicant believes the heirs of Decedent, their relevant information andtheir shares in
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`Decedent’s Estate are as follows:
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`Heir
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`Relationship
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`Share of Decedent’s Estate
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`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.
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`Estate of Debbie Tucker”
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`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.
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`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION - Page 2 of 5
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`
`
`c.
`
`d.
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`e,
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`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.
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`To the best of Applicant’s knowledge and belief, Decedent died without a Will.
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`Applicant has made a diligent search, but no Will has been found.
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`8.
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`Decedent owned real and personal property with a probable value in excess of
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`$5,000.00.
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`9.
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`A necessity exists for the administration of Decedent’s Estate as assets need to be
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`collected, characterized, sold and/or distributed. Applicant is qualified and not disqualified from
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`serving as the Administrator ofthe Decedent’s Estate. Administrator requests that the Court appoint
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`him as the Dependent Administrator of the Decedent’s Estate.
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`10.
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`Thereis no necessity for court-appointed appraisers for this Estate, and it is requested
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`that none be appointed.
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`11.
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`This Application does not omit any information required by the Texas Estates Code.
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`ATTORNEYS AND ATTORNEYS’ FEES
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`12.
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`Applicant requests that the Court appoint an Attorney Ad Litem to represent the
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`Unknown Heirs of Decedent, if any, pursuant to TEX. ESTATES CODE §53.104, and that all fees
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`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION- Page 3 of 5
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`
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`and expenses associated with this appointment be taxedas costs of this proceeding and paid out of
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`Decedent’s Estate, also pursuant to TEX. ESTATES CODE §53.104.
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`ATTORNEY’S FEES
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`13.
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`Applicant has acted in goodfaith and for just cause and requests that his reasonable
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`attorney’s fees and expenses resulting from this proceeding be paid from funds of Decedent’s
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`Estate.
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`WHEREFORE,Applicant requests that citation issue as required by law and, uponhearing,
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`the Court determine and declare the heirs and only heirs of Decedent and determine and declare each
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`heir’s respective share and interest in this Estate; appoint Applicant as the Administrator of the
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`Decedent’s Estate and, upon qualification, authorize the issuance of and order that Letters of
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`Administration be issued to Applicant; order that the attorney’s fees and expenses of Applicant be
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`taxed as costs of this proceeding to be paid out of Decedent’s Estate; and grant general relief.
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`Respectfully submitted,
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`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
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`DEPENDENT ADMINISTRATOR AND
`APPLICANT
`
`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION - Page 4 of 5
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`
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`VERIFICATION
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`STATE OF TEXAS
`
`§
`
`COUNTY OF DALLAS
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`BEFORE ME,the undersigned authority, on this day personally appeared ZACHARYE.
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`JOHNSON,in his capacity as Administrator of the Estate of Burnis Tucker, Sr., Deceased, who
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`on his oath states that he is an Applicant in the above Application and being by me duly sworn on
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`oath, deposes andsaysthat, insofar as is known to him andto thebest of his knowledge andbelief,
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`all of the allegations of Applicant in the above and foregoing Application are true and correct in
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`substance andin fact and that no material fact or circumstance, either required by law to be alleged
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`or in any way involving the matters to be determined herein has, within such affiant’s knowledge,
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`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:
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`APPLICATION FOR DETERMINATION OF HEIRSHIP AND LETTERS OF ADMINISTRATION- Page5 of5
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`
`
`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
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`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
`
`



