IN THE / J_ COURT OF APPEALS Houston, Texas Cause No .jMMm 7 ^ IN RE VALENTINA SPASSOVA SHESHTA RELATOR nm^, to ~ Iff HONORABLE JUDGE LOYD WRIGHT, »6 PROBATE COURT ONE (1) OF HARRIS COUNTY, TEXAS, RESPONDENT PETITION FOR WRIT OF PROHIBITION OR WRIT OF MANDAMUS Valentina Spassova Sheshtawy ProSe 12206 Cabo Blanco Ct, Houston, Texas 77041 Phone: (832) 721-3606 E-mail: valentinasheshtawv@yahoo.com EMERGENCY RELIEF REQUESTED IDENTITY OF PARTIES & COUNSEL Relator is Valentina Spassova Sheshtawy, Pro Se. Valentina Spassova Sheshtawy resides at 12206 Cabo Blanco Ct., Houston, Texas 77041. Phone (832) 721-3606; e-mail: valentinasheshtawv@vahho.com. The Relator is the Appellant of Cause No. 14-14-00515-CV, styled Valentina Spassova Sheshtawy, Appellant v. Michael Fuqua, as Temporary Administrator of the Estate of Adel Sheshtawy, Deceased, Appellant, in the Fourteen Court ofAppeals in Houston, Texas. Respondent is the Honorable Judge Loyd Write, in Probate Court One (1) ofHarris County, 201 Caroline, Ste. 600, Houston,Texas 77002. Phone: (713)368-6700; fax: (713)368-7300. The following is a complete list of the parties, the attorneys, and persons who have an interest in the outcome of this proceeding: Lily Alexandra Sheshtawy - minor child of Valentina Spassova Sheshtawy and Adel Sheshtawy, residing at 12206 Cabo Blanco Ct., Houston, Texas 77041, in care of Valentina Spassova Sheshtawy. Nikolay Tassev - Valentina Spassova Sheshtawy's son and a step son to Adel Sheshtawy; residing at 12206 Cabo Blanco Ct., Houston, Texas 77041, in care of Valentina Spassova Sheshtawy. Cameron McCulloch - Guardian of Estate for Lily Alexandra Sheshtawy, a minor, attorney with Maclntyre McCulloch Stanfield & Young, LLP, 2900 Weslayan, Suite 150, Houston, Texas 77027; Phone (713) 572-2900; Fax: (713) 572-2902; E- mail: cameron.mcculloch@mmlawtexas.com Nader Sheshtawy and Hanya Sustache, adult children of Adel Sheshtawy, represented by Sarah Patel Pacheco and Kathleen Turner Beduze, attorneys with Crain, Caton & James, PC, Five Houston Center, 1401 McKinney, 17th Floor, Houston, Texas 77010; Fax (713) 658-1921. Nader Sheshtawy and Hanya Sustache had been appointed on December 10, 2013 to serve as Dependent Co- Administrators of the Estate of Adel Sheshtawy along with Michael Fuqua, Temporary Administrator. Michael Fuqua, Temporary Administrator of the Estate of Adel Sheshtawy. Michael Fuqua, is an attorney with FUQUA & ASSOCIATES, P.C., 5005 Riverway, Suite 250, Houston, Texas 77056. Phone (713) 960-0277; fax (713) 960-1064; e-mail: mlfuqua@fuqualegal.com. State Bar Number 24055511.9. Michael Fuqua is the Appellee in Cause No. 14-14-00515-CV. u TABLE OF CONTENTS IDENTITY OF PARTIES & COUNSEL / TABLE OF CONTENTS Mi INDEX OF AUTHORITIES iv STATEMENT OF THE CASE pagenumber 1 STATEMENT OF FACTS pagenumber 3 STATEMENT OF JURISDICTION page number 8 ISSUES PRESENTED pagenumber 9 ARGUMENTS & AUTHORITIES page number 9 PRAYER page number 10 APPENDLX v CERTIFICATION v; CERTIFICATE OF COMPLIANCE vii CERTIFICATE OF SERVICE viii Hi INDEX OF AUTHORITIES Cases: Chang, 814S.W.2dat545. jage 9 Holloway v. Fifth Court ofAppeals, 767 S. W. 2d 680, 683 (Tex. 1989) .page 9 Constitution Texas Constitution art. 5, § 3, 6; Government Code § 22.002,22.221 page 8,9 Statutes and Rules PEN § 32.46 Securing execution of document by deception page 4 IV IN RE VALENTINA SPASSOVA SHESHTAWY, Relator RELATOR'S PETITION FOR WRIT OF PROHIBITION/ WRIT OF MANDAMUS INTRODUCTION Relator, Valentina Spassova Sheshtawy, submits this petition for Writ of Prohibition / Writ of Mandamus, complaining of the Honorable Loyd Wright, presiding Judge of the Probate Court One (1) of Harris County, Texas. For clarity, Relator is referred to as Valentina Spassova Sheshtawy. Respondent, the Honorable Loyd Wright, is referred to by name; and the real party in interest is referred to as Valentina Spassova Sheshtawy, and her children Lily Alexandra Sheshtawy and Nikolay Tassev. Relator, Valentina Spassova Sheshtawy, submits this Petition for Writ of Prohibition/Writ of Mandamus, pending the court disposition of an appeal on the merits, Cause No. 14-14-00515-CV. STATEMENT OF THE CASE Relator, Valentina Spassova Sheshtawy, files this Writ of Prohibition, to prevent Respondent, the Honorable Judge Loyd Wright, sitting in Probate Court One (1) of Harris County, Texas, from approving any agreements or orders related to the property located at 12206 Cabo Blanco Ct., Houston, Texas 77041, or alternatively Writ of Mandamus due to the limited time. The property at 12206 Cabo Blanco Ct., Houston, Texas 77041, is the subject of the appeal Cause No. 14-14-00515-CV which is scheduled for review on Thursday, March 12, 2015, by the Fourteenth Court of Appeals in Houston, Texas. The underlying procedures are In the Estate of Adel Sheshtawy, Deceased, Cause No 407-499 which has seven sub-docketed cases, and specifically 407,499-406 which is the subject of the appeal; Cause No. 14-14-00515-CV, seeking permanent injunction prohibiting the sale or attempted sale of homestead property located at 12206 Cabo Blanco Ct., Houston, Texas 77041, and the related case, styled In the Estate of Lily Sheshtawy, a Minor, Cause No. 425,238 in Probate Court One (1) of Harris County, Texas. On March 12, 2015 at 10:00 am, a hearing is scheduled on the Application for Authorityfor Guardian to Enter into Settlement (a.k.a. - Distribution) Agreement Regarding the Estate of Adel Sheshtawy, filed by Mr. Cameron McCulloch, as Guardian of Estate of Lily Sheshtawy, the minor child of Valentina Spassova Sheshtawy and Adel Sheshtawy in Probate Court One (1) of Harris County, Texas. Mr. McCulloch is seeking the probate court's approval to sign a settlement agreement which is unjust to Lily Sheshtawy. The settlement agreement would deprive Lily of her preserved portion of her father's Estate as of the date of his death on August 8, 2011. The settlement agreement limits her share of the estate to the property at 12206 Cabo Blanco Ct. which is a homestead property and as such should not be subject to administration. The property was improperly included in the Estate. The Respondent has already approved two settlement agreements under Cause No. 407,499-401 and 407,499-402 which are detrimental to Lily, based on representations of Mr. McCulloch in his capacity as Attorney Ad Litem that the settlement agreements were in her best interest. The Honorable Judge Loyd Wright did not appoint a Guardian ad Litem to review those settlements from the perspective of the minor. Lily's mother, Valentina Sheshtawy, was not informed about her or her daughter's constitutionally protected homestead rights by either Mr. McCulloch, as Attorney Ad Litem, or by her former attorney Donald Worley. The Respondent, the Honorable Judge Loyd Wright approved the Preliminary Inventory, Appraisement and List of Claims presented to him by Mr. Michael Fuqua, Temporary Administrator of the Estate of Adel Sheshtawy without an appraisement on or about March 7, 2012 (See EXHIBIT 1 in appendix). On December 10, 2013, the Respondent appointed Nader Sheshtawy and Hanya Sustache, Dependent Co-Administrators and ordered "that there is no need for appointment of appraisers of this estate". (See page 2 in EXHIBIT 2 in appendix). The Relator, Valentina Spassova Sheshtawy is seeking Writ of Prohibition, or alternatively, Writ of Mandamus because the Respondent might engage himself in signing orders related to the property on appeal, in the Probate Court One (1) where he is presiding, on or after the hearing on March 12, 2015 scheduled at 10:00 am. STATEMENT OF FACTS Relator, Valentina Spassova Sheshtawy, filed her Appellant's Brief in the 14th Court Appeals on November 14, 2014. The main issue presented is that the property at 12206 Cabo Blanco Ct., Houston, TX 77041 is homestead. On January 23, 2015 the Guardian of Estate for Relator's minor daughter, Lily Alexandra Sheshtawy ("Lily"), filed Application For Authority For Guardian To Enter Into Settlement (A.K.A. - Distribution) Agreement Regarding the Estate of ADEL SHESHTAWYunder Cause No. 425,238 in Probate Court One (1), of Harris County, Texas. Probate Court One (1) where the original proceeding, In the Estate ofAdel Sheshtawy, Cause No. 407,499 and the related Cause No. 407,499-406, the case on appeal, were held. In his application, Mr. McCulloch mentioned the appeal "which is currently pending in the Fourteen Court of Appeals under Cause Number 14-14-00515-CV." (See page 2, EXHIBIT 3). Relator received a copy of the above mentioned document on February 10, 2015 and filed a Complaint against Mr. McCulloch seeking his removal as the Guardian of the Estate for her minor child Lily on February 13, 2015. (EXHIBIT 4) Relator filed responses to Application For Authority For Guardian To Enter Into Settlement (A.K.A. - Distribution) Agreement Regarding the Estate of ADEL SHESHTAWY incorporated by reference with the Complaint Against Cameron McCulloch, on February 20, 2015 in which she pointed out that the probate court has no jurisdiction over the property at 12206 Cabo Blanco Ct., Houston, Texas 77041 during the pendency of the appeal. (See EXHIBIT 5). Affidavit of Valentina Spassova Sheshtawy in support of Complaint against Cameron McCulloch as a Guardian of Estate for Lily Sheshtawy is enclosed in EXHIBIT 5. A hearing on the Application for Authority to Enter into Settlement (a.k.a.- Distribution) Agreement and Valentina Sheshtawy's Complaint against Cameron McCulloch, Guardian of the Estate ofLily Sheshtawy is scheduled on March 12, 2015 at 10:00 a.m. in Probate Court One (1) of Harris County, Texas. (See EXHIBIT 6). The Relator, Valentina Spassova Sheshtawy has already expressed her concern, in her Reply Brief (page 4-5) of the appeal, about Lily Alexandra Sheshtawy's preserved portion of her father's estate as of the date he passed away which had not been preserved either by Mr Fuqua as a Temporary Administrator, or by Mr McCulloch as Attorney Ad Litem and/or Guardian of Estate for the minor child, nor by the trial court. In fact many assets were hindered or given away to other parties in the litigation such as Nader Sheshtawy and Farouk Sheshtawy, and thus reduced significantly Lily's share of the Estate. Valentina Spassova Sheshtawy further stated "Instead to protect Lily's interest in the Estate, Mr McCulloch has been effectively used to reduce Lily's portion of the Estate by signing agreements which are not in the child's best interest, giving million dollars away to other litigants, and disposing her homestead right." As of the time a Rule 11 Settlement Agreement was signed on May 28, 2013 (Appellate records on file), both Valentina's lawyer at that time Donald Worley and the Attorney ad Litem for Lily Alexandra Sheshtawy (Relator's minor child), Cameron McCulloch hindered the information that the property at 12206 Cabo Blanco Ct., Houston, Texas 77041 is a homestead. PEN § 32.46 Securing execution of document by deception, (a) A person commits an offense if, with intend to defraud or harm any person, he by deception: (1) causes another to sign or execute any document affecting property or service or the pecuniary interest of any person. A lawsuit against Donald Worley, Valentina Spassova Sheshtawy's former lawyer is currently pending in Probate Court One (1) of Harris County, Texas, Cause No. 407,499-407. Valentina was not informed about her or Lily's homestead rights, nor was it considered that there was another minor, living in the same residence. Nikolay Tassev is the Relator's son, and a step son to Adel Sheshtawy, deceased. Mr. McCulloch filed Application for Authority to Enter into Settlement (a.ka.- Distribution) Agreement Reguarding the Estate of Adel Sheshtawy, seeking the approval of Probate Court One (1) to enter into settlement agreement which is detrimental to Lily who is only six years old at present. Mr. McCulloch is asking the Probate Court One (1) to authorize him to settle Lily Alexandra Sheshtawy's share in the Estate of her father Adel Sheshtawy for the property at 12206 Cabo Blanco Ct., which is under appeal. The proposed settlement agreement, included herewith in EXHIBIT 3, provides (page 4 of said settlement) in 3.1. Division of Estate. a. In full andfinal settlement of all her interest in and possible clams against the Estate, Lily will receive thefollowing: i) The Cabo Blanco Property, subject to the obligation pursuant to the terms of the Rule 11 and Final Settlement Agreement between the Parties and Valentina that provides Valentina and her attorney, Mr. Worley, the sum of$ 100,000from the sales proceeds ofthe Cabo Blanco Property when sold. (Emphases added.) For clarification, the Cabo Blanco Property is the property at 12206 Cabo Blanco Ct., Houston, Texas 77041 and Mr.McCulloch as a Guardian of Estate for Lily is trying to settle her share of a million dollar estate for the same property at 12206 Cabo Blanco Ct., Houston, Texas 77041 which in fact is a homestead. A Personal Financial Statement is enclosed in EXHIBIT 5, and referenced as Exhibit A, gives incentive about the value of some of the assets owned by Adel Sheshtawy. Adel Sheshtawy personally made representation of those assets. Further, the proposed settlement provides: v) Guardian acknowledges and agrees that theforegoing assets shall be infull and final settlement of all amounts due Lily or Guardian from Temporary Administrator, Nader and/ or Hanya, including any interest in the assets of Decedent's Estate, Nader's assets, and Hanya's assets, as an heir, creditor or otherwise; and vi) The Parties do not hereby seek to waive any homestead protections that may exist under Texas law as to the Cabo Blanco Property. (Emphases added.) Valentina stated in her Response to the Application for Authority for Guardian to Enter into Settlement (a.k.a. - Distribution) Agreement Regarding the Estate of Adel Sheshtawy Incorporated by Reference with the Complaint Against Cameron McCulloch, in part TV, attached here as EXHIBIT 5: "Mr. McCulloch asks the court to approve Lily's share of the estate ofherfather Adel Sheshtawy to be limited to the property at 12206 Cabo Blanco Ct, Houston, Texas 77041. Saidproperty is under appeal in the 14th Court ofappeals in Harris County, Texas. The Probate Court One has no jurisdiction at present over the same property. The property was improperly included in the estate, and is exempt property, andnot subject to administration. "(Emphases added.) Mr McCulloch is seeking the trial court approval to sign a release on behalf of the Relator's minor child as follows: Any and all claims, causes of actions, debts, demands, actions, costs, expenses, losses, damages, charges, challenges, contests, liabilities, promises, agreements, deceptive practice claims, claims in equity, suits, and all other obligations and liabilities of whatsoever nature KNOWN and UNKNOWN, fixed or contingent, liquidated or unliquidated, anticipated or unanticipated, at law or in equity, for any type ofreliefor redress, including but not limited to money damages, whether founded on contract, tort (including but not limited to tortuous interference with inheritance rights, conversion, fraud, tax issues, undue influence, false representation, conscious indifference, reckless disregard, and/ or malicious conduct), fiduciary duty, NEGLIGENCE, gross negligence, intentional affliction of emotional distress, reimbursement, breach offiduciary duty to disclose material information, indebtedness, FRAUDULENTINDUCEMENT, and any other ground, whether or not asserted, which any person has, may have, or have had against the released and/or indemnifiedparty, now existing or arising in thefuture, including the claims brought or which could have been brought by Valentina through the effective date ofthe Agreement relating to Nader, Hanya, the Lawsuit, Decedent's estate, including any claims ofcommon law marriage, save and except warranties and representations under this Agreement. THE PARTIES AGREE THAT THE DEFINITION OF "CLAIMS " IS AND SHALL BE AS BROAD AS THE LA W WILL ALLOW. " The law in the State of Texas does not allow and support such provisions, especially when a minor's interest is concerned. The Relator, who is the mother of Lily Alexandra Sheshtawy, a minor child presently six years old, is shocked by the arrogance of the parties involved in such settlement agreement. The mother of the minor child objects to all of those provisions, and specifically objects to "tort, torturous interference with inheritance rights, conversion, fraud, undue influence, false representation, conscious indifference, reckless disregard, malicious conduct, fiduciary duty, negligence, intentional infliction of emotional distress" because that is exactly what the parties to this settlement are performing and causing harm to her minor child. The trial court Judge Loyd Wright should not even consider such settlement for approval because it is so obviously unjust to the minor child and includes indemnity provisions for a minor. The Temporary Administrator of the Estate of Adel Sheshtawy, Mr. Fuqua (who is the Appellee in the Cause No. 14-14-00515-CV) did not comply with the requirements to file appraisement of the assets of the estate within 90 days of his appointment, and caused misappropriation of assets belonging to the Estate of Adel Sheshtawy. Mr. Fuqua mismanaged the Estate of Adel Sheshtawy. The Temporary Administrator has the duty to prepare and file with the court clerk a single written instrument that contains a verified, full, and detailed inventory in which the appraisement is set out before the 91 day after he qualifies. EST. 309.051(b). The personal representative shall: (1) set out in the inventory the representative's appraisement of the fair market value on the date of the decedent's death of each item in the inventory (emphases added): or (2) if the court has appointed one or more appraisers for the estate: (A) determine the fair market value of each item in the inventory with the assistance of the appraiser or appraisers; and (B) set out that appraisement in the inventory. Respondent, the Honorable Judge Loyd Wright, approved the First Amended Inventory, Appraisement and List of Claims on March 7, 2012 without appraisement (See EXHIBIT 1), which caused and causes misappropriation of assets and mismanagement of the Estate of Adel Sheshtawy, and affected Valentina Spassova Sheshtawy, and her children Lily Alexandra Sheshtawy and Nikolay Tassev. Valentina Spassova Sheshtawy has previously raised the issue that Mr Fuqua as a Temporary Administrator of the Estate of Adel Sheshtawy had filed inventory without an appraisement by filing a Complaint against Michael Fuqua, Temporary Administrator and Objections to Inventory, Appraisement and List of Claims on June 16, 2014. (See the appeal records on file.) Respondent, the Honorable Judge Loyd Wright denied the Complaint against Mr Fuqua, Temporary Adimistrator of the Estate of Adel Sheshtawy. The Respondent, the Honorable Judge Loyd Wright appointed Nader Sheshtawy and Hanya Sustache Dependent Administrators on December 10, 2013. Valentina Spassova Sheshtawy did not receive notice individually or as a parent of Lily Alexandra Sheshtawy. At that time Mr. McCulloch was not Guardian of Estate for Lily Alexandra Sheshtawy. Despite of the due process violation, Judge Loyd Wright entered order on December 10, 2013 (See page 2 in EXHIBIT 2) as follows: "ORDERED, that there is no need for the appointment of appraisers of this estate." Appraisement of estate is a statutory requirement. The Respondent is in violation of said requirement. The proposed Settlement (a.k.a. - Distribution) Agreement Reguarding the Estate of Adel Sheshtawy is unjust to Lily Sheshtawy, and in fact is depriving her from what she is rightfully entitled to inherit from her father Adel Sheshtawy, as of the date he passed away on August 8, 2011, and said settlement concerns the homestead property at 12206 Cabo Blanco Ct., Houston, Texas 77041 which is on appeal. STATEMENT OF JURISDICTION A writ of prohibition is an extraordinary writ that a court of appeals, as a court of superior jurisdiction, may direct to a court with inferior jurisdiction. An appeal under Cause No 14-14-00515-CV is pending in the Fourteen Court of Appeals in Houston and same has superior jurisdiction over Probate Court One (1) in Harris County, Texas. The court's original writ jurisdiction are found in the Texas Constitution and the Government Code (Texas Constitution art. 5, §3, 6; Government Code §22.002,22.221). A Writ of Mandamus should be considered as an alternative due to the limited time, and in the event the Respondent, the Honorable Judge Loyd Wright performs the acts to be prohibited before the Court of Appeals grant the Writ of Prohibition requested. This Court has jurisdiction to issue the Writ of Prohibition, or Writ of Mandamus. ISSUES PRESENTED Issue 1: The Probate Court One (1) of Harris County, Texas has no jurisdiction over the property at 12206 Cabo Blanco Ct., Houston, Texas 77041 while Cause No. 14-14-00515-CV is pending. Issue 2: In the event, the Respondent performs any actions and signs orders related to the homestead property, the appeal will be ineffectual. ARGUMENTS & AUTHORITIES I.The Respondent, the Honorable Judge Loyd Wright, sitting in Probate Court One (1) of Harris County, Texas may perform actions under Cause No. 425,238 which may adversely affect the issues under appeal. II.The Relator, Valentina Spassova Sheshtawy is seeking emergency relief because there is an extraordinary situation in the trial court which requires immediate attention. A court of appeals may issue necessary writs to protect its jurisdictionby preserving the subject matter of the appeal pending a hearing on the appeal. (Texas Constitution, Art. 5, §3, 6; Tex. Government Code § 22.221(a); Chang, 814 S.W.2d at 545. The Relator is seeking a relief to preserve the status quo of the appeal, Cause No 14-14-00515-CV. The purpose of writ of prohibition is to enable a higher court to protect and enforce its jurisdiction and judgment. Holloway v. Fifth Court ofAppeals, 767 S. W. 2d 680, 683 (Tex. 1989). The writ is typically used by an appellate court to control, limit, or prevent action in a lower court. Id. At 682. The Court of Appeals may grant "anyjust relief during the pending appeal. PRAYER The Relator, Valentina Spassova Sheshtawy prays that the Court of Appeals will issue the Writ of Prohibition to protect itsjurisdiction during the pending appeal to conserve the status quo of the issues under appeal and direct the Respondent,the Honorable Loyd Wright to refrain from approving and signing any orders related to the property at 12206 Cabo Blanco Ct., Houston, Texas, or alternatively a Writ of Mandamus to be issued to the Respondent to comply with the Appellate Court's orders in the event the Respondent has already performed the acts seeking to be prohibited prior to the Court of Appeals granting Writ of Prohibition. Respectfully submitted, Valentina Spassova Sheshtawy 10 APPENDIX EXHIBIT 1: Order approving Preliminary Inventory & List of Claims. First Amended Inventory, Appraisement and List of Claims enclosed with the order. EXHIBIT 2: Order appointing Dependent Co-Administrators - signed 12.10.2013. EXHIBIT 3: Application for Authority for Guardian to Enter into Settlement (a.k.a. - Distribution) Agreement Regarding the Estate of Adel Sheshtawy. EXHIBIT 4: Complaint against Cameron McCulloch, Guardian of Estate of Lily Sheshtawy, Minor. EXHIBIT 5: In Response to Application for Authority for Guardian to Enter into Settlement (a.k.a. - Distribution) Agreement Regarding the Estate of Adel Sheshtawy incorporated by Reference with the Complaint against Cameron McCulloch. Enclosed Affidavit of Valentina Spassova Sheshtawy and Personal Financial Statement of Adel Sheshtawy. EXHIBIT 6: First Amended Notice of Hearing. Appellate records for Cause No. 14-14-00515-CV on file in the Fourteen Court of Appeals, Houston, Texas. EXHIBIT 1 04/24/2013 14:28 FAX @008/008 CD PROBATE C0URT1 N Came No. 407,499 O O 0. IN THE ESTATE OF IN THE PROBATE COURT ADEL SHESHTAWY, NUMBER ONE (1) in o HARMS COUNTY, TEXAS DECEASED N OWERAPPROVINGmm'AhmmEB'INVENmRY&lJSnOFClAIMS ip\ l The foregoing Ffest A»w«*a Inventory, Appraisement and List of Claims ofthe above 9-1-WlBstalc having been filed and presented and sworn to by Michael L. Fuqua, Temporary Administratorofthe Estate ofAdel Sheshtawy,Deceased; there having been no objectionsmade thereto; and(heCourt, having considered and examined the same,is satisfied thatHshould be IT IS THEREFORE ORDERED thai the foregoing'lnventory, Appraisement and list Of Claimsis in aU respects approved end ORDERED entered ofrecord. SIGNED on the. JLllLdayof. Mm CONFORMED COPYREQUESTED Ptease return a cotrfbrmedcopy tot g MICHAElX FUQUA FUQUA & ASSOCIATES, P.C. $ *# 3005 Riverway, Ste. 250 Houston. Texas 77019 f T7 Keith Morris Jones [Mowus|K^bv*nhacen,L.IJP. $ ^ 6363 Woodway Dr, Surra 570 9 O Houston, Texas 77057 £» At •• WM w raDQRMfm\M IMM U_ 1.-.J •*. ... |r|t.-t Kjui n«nriirt»II JtjJ-P* Cause No. 407,499 IN THE ESTATE OF § IN THE PROBATE COURT ADEL SHESHTAWY § MjMBmoNSk(l).0 § % *• & * DECEASED § HARRIS CO te, TE^S \ FIRSTAMENDED INVENTORY. APPRMSEMENT AND LIST OF t&fffe •& The following is a full, true and complete First Amended Inventory and App|E§sebient cti*& all personal and real property situated in the State of Texas owned by Adel Sheshtawy to the best of the knowledge of the Temporary Adniinistrator as of the date of his death, August 8, 2011 together with a List of Claims due and owing to this Estate as of the date of death, which have come into the knowledge ofthe undersigned. The decedent was not married at the time ofhis death and the value listed herein reflects the decedent's separate interest for such property1. INVENTORY AND APPRAISEMENT Real Estate(Schedule A attached) $ 646,000.00 Mortgages, Notes & Cash (ScheduleB attached) Undetermined Miscellaneous Property (Schedule C attached) $ 21,150.00 Corporations (See Schedule D) Undetermined Patents (See Schedule E) Undetermined Securities, Stocks, & Bonds (See Schedule F) Undetermined Total Value Undetermined 1Decedent was arespondent ina divorce proceeding asserting aninformal marriage existed pursuant toT.F. C. § 2.40land childofthe marriage. CauseNo 2010-48274', Valentina Spassova Sheshtawy v.AdelSheshtawy; in the 247* Judicial District Court ofHarris County Texas atthe time ofhis death. OnMarch 10,2011 anOrder granting partial summaryjudgment wasentered, thattherelationship between Valentina Spassova Sheshtawy andAdelA. Sheshtawy wasa validandrecognizable informalmarriage. The divorce causeof actionand childcustody matter were abatedonAugust9,2011 as a result of Adel Sheshtawy's death. ValentinaSheshtawy filed a petitionfor Declaratory Judgment in theBstate ofAdelSheshtawy onNovember 14,2011 seeking declaration ofa common law marriageand paternityofLilyAlexandraSheshtawy. 4V LIST OF CLAIMS The claims owing to the estate: Value 1. Drill Bit Industries, Bic.d/b/aTri-Max Industries,Inc. Undeterrnined v. Brant Oilfield Management & Sales, Inc. and David Hal Hubbard; Cause No. 2006-25987; In the 113th Judicial District, Harris County, Texas 2. Adel Sheshtawyvs. Nikolay Tasseva and Undetermined Valentina Spassova Tasseva; Cause No. 972,013; In the County Court at Law Number Four (4), Harris County, Texas 3. Adel Sheshtawy vs. Nikolay Tasseva and Undetenriined Valentina SpassovaTasseva; CauseNo. 2011-15407; In thel25th Judicial District ofHarris County, Texas 4. In re: Pride International, lac. ShareholdersLitigation Consolidated Undetermined C.A. 6201-CS; In the Court of Chancery ofthe State ofDelaware 5. Adel Sheshtawyvs. China SunergyCo., et al; Cause No. 07-CV-7895; In the United States District Court Southern District ofNew York Undetermined 6. Loan to StacyHarbert,Bank ofTexasCheckNo2141onJuly 16,2011 $1,000.00 Total $ Undetermined Wherefore, the undersigned requeststhat the Court approvethe foregoing First Amended Inventory, Appraisement and List ofClaimsand enter it ofrecordin mis proceeding. ESTATE OF ADEL SHESHTAWY REAL ESTATE SCHEDULE A Item Value on No. Description Date of Death Separate Property 1. Lot 29, Block 2 Lakes on Eldridge North Sec 1 More commonly known-as: 12206 Cabo Blanco Ct Houston, Texas 77041 Value Basedon 201 l(Per HCAD) $ 423,400.00 Harris County Appraisal District Lot 17, Block 10, LAKESIDE PLACE SECTION 4, ACRES 1.160, More commonly known as: 17706HighgroveDrive, Houston, Texas 77077 Value Based on 2011 (PerHCAD): $ 222,600.00 Harris County Appraisal District Total Separate Real Estate $ 646.000.00 ESTATE OF ADEL SHESHTAWY MORTGAGES. NOTES & CASH SCHEDULE B Item Value on No. Description Date of Death Separate Property 1. Bank ofTexas Checking $383.62 Styled: Adel Sheshtawy Account No. xxxx0081 2. Wells Fargo Bank, Checking $ 1,500.00 Styled:Adel Sheshtawy Account No. xxxx6157 3. Chase JP Morgan Bank, N.A. Checking $ Unknown Styled: Adel Sheshtawy Account No. xxxx0521 4. Wells Fargo Checking $2,248.00 Styled: Adel Sheshtawy Account No. xxxx3278 'i \ 5. Bank of Texas Checking $1,500.00 Styled: Adel Sheshtawy Account No. xxxxl473 6. E-Trade Account No.xxxx-8986 $ Unknown 7. ' TD Ameritrade Account No. xxx-xx9234 $ Unknown Total SeparateCash $ Unknown ESTATE OF ADEL SHESHTAWY MISCELLANEOUS PROPERTY SCHEDULEC Item Value on No, Description Date of Death Separate Property Vehicles * 1. 1989 Chevrolet C1500/ Gold YIN #2GCEC19K9K1188869 $1300.00 2. 2000 FordF150/ White VIN#1FTZF1724YKA58020 $2100.00 3. 2001 Dodge Ram 1500 SLT 4DR/ Red Double2 V1N#3B7HC13Z81G766159 $5750.00 4. 1998 Ford F150/Blue VIN#1FTZX17W4WKB56011 $3,000.00 5. Household furm'shings, personal items located at $4,000.00 12606 CaboBlanco Court, Houston, Texas 77041? 6 Household furnishings, personal items located at $5,000.00 6324 Qinningham, Houston, Texas 77041 Total Vahie: $21,150.00 1Temporary Administrator has nottaken possession ofthis personal property ESTATE OF ADEL SHESHTAWY CORPORATIONS SCHEDULED Item Value on No. Description Date of Death 1. Ownership interest in Tri-Max Industries, me. Undetermined 2. Ownership interest in Drill Bit Industries, Inc. Undetermined 3. Ownership interest inDrill Tools (DTI), Inc.4 Undetermined 4. Ownership interest in AJZ Investments, Inc. Undetermined Total Value $ Undetermined ESTATE OF ADEL SHESHTAWY 4Decedent listed a 65% Common Stock ownership onSchedule "E"ofDrilling Tools DTI, Inc's2009 form 1120 U.S. Corporation Income TaxReturn; dated March 15,2010. PATENTS SCHEDULEE Item Value on No. Description Date of Death Separate Property 1 Canadian Patent No. 2,289,367 Drilling Tool with Extendable Elements Undetennined 2 Great Britain Patent No. GB2344607 Drilling Tool with Extendable Elements Undetermined 3 United States Patent No. 7,703,534 Underwater Seafloor Drilling Rig Undetennined 4 United States Patent No. 6,189.631B1 Drilling Tool with Extendable Elements Undetennined 5 United States Patent No. 3,937,278 Self-propelling apparatus for well logging tools Undetermined Total Separate Patents $ Undetermined ESTATE OF ADEL SHESHTAWY SECURITIES. STOCKS & BONDS SCHEDULE F Item Value on Ho. Description Date of Death 1 British Petroleum (BP) $642.77 17 shares @ $37.81/ share SEMISUB, INC (California Corporation) Undetermined 50,000 Shares Authorized CapitalStock Share # 128 dated October 10,2008 Tri-Max Industries, Inc. Undetermined -Stock No. 5, Shares 20,000 datedJanuaiy 1,1994 -StockNo. 6, Shares20,000 datedJanuary1,1994 -StockNo. 7, Shares20,000 datedJanuary1,1994 Total Value: $ Undetermined Respectfully submitted, JONES | MORRIS | KLEVENHAGENLLP KEITH MOI State Bar No.: 24032879 JOHN J. KLEVENHAGEN EI State Bar No. 90001652 BRINE. JONES State Bar No. 24032478 6363 WoodwayDr., Suite 570 Houston, Texas 77057 (713) 589-5061 -Phone (713) 589-5513-Fax Attorneys Representing TemporaryAdministrator Cause No. 407,499 IN THE ESTATE OF IN THE PROBATE COURT § ADEL SHESHTAWY, § NUMBER ONE (1) § DECEASED § HARRIS COUNTY, TEXAS ORDERAPPROVING FIRSTAMENDED INVENTORY & LIST OF CLAIMS The foregoing First Amended Inventory, Appraisement and List of Claims of the above Estate having been filed and presented and sworn to by Michael L. Fuqua, Temporary Acuninistrator ofthe Estate ofAdel Sheshtawy, Deceased;there having been no objections made thereto; and the Court, having considered and examined the same, is satisfied mat it should be approved. IT IS THEREFORE ORDERED that the foregoing Inventory, Appraisement and List of Claims is in all respects approved and ORDERED entered ofrecord. SIGNED on the _day of_ _,2012. JUDGE PRESIDING CONFORMED COPYREQUESTED Please return a conformed copy to: Michael L Fuqua FUQUA & ASSOCIATES, P.C. 5005 RrVBRWAY, Sra 250 Houston, Texas 77019 Keith Morris Jones | Morris jKlevenhagen,LX.P. 6363 Woodway Dr., Suite 570 Houston, Texas 77057 fV VERIFICATION STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME,the undersigned authority, on mis day personally appeared MICHAEL L. FUQUA, who being sworn uponoathdeposed andsays thathe hasreadthe above andforegoing First Amended Inventory, Appraisement and Listof Claims and mat the information contained thereinis withinhis personalknowledgeandis true and correct MICHAELJL SUBSCRIBED AND SWORN TObefore me on thisthe£3 dayofPUaufUM 2012. eeooo M2306tA^Jl (S&oJl- TOMM1E JO O'DOWD X notary Public, Stegf ofTexas NOTARY PUBLIC STATH OF TEXAS 8 MY OOMMISSION EXPIRES 0 Printed Name: "TvmvaU g_ Op Oc£>ocjJ«&- FEB. 16,2014 X CommissionExpires: P'/io-ZU)I*4- CERTIFICATE OF SERVICE This istocertify that onthe 23rd day ofFebruary 2012, atrue and correct copy ofthe aboveand foregoing documenthas mis daybeen sentby hand deliveryand/orFacsimileto: Mrs. Sarah Patel Pacheco Counselfor Nader Sheshtawy andHanyaSushache Mr. Vance Christopher Crain, Caton & James, P.C. 1401 McKinney Street, Suite 1700 Facsimile: 713.658-1921 Houston, Texas 77010 Mr. John E. Pipkin Counselfor OptidrillSA, BrantOilfield Pipkin Ferguson Management &Sales andDavidHal Hubbard 13201Northwest Freeway, Suite 300 Houston, Texas 77040 Facsimile: 713.961-54398 Mr. William Harmeyer Counselfor FaroukSheshtawy William F. Harmeyer & Assoc., P.C. 7322 SouthwestFreeway, Suite 475 713.270-7128 Houston, Texas 77074 Mr. Aaron Pool Counselfor Valentina Sheshtawy, ftidnv. andas Ms Misty McDonald NextFriendfor LilySheshtawy andNikolay Donato, Minx, Brown & Pool, P.C. Massev, minorchildren 3200 Southwest Freeway, Suite 2300 Houston, Texas 77027 Facsimile: 713.877-1112 Mr. James Stilwell Counselfor Tri-Max Industries, Inc. Martin & Stilwell, LLP 1400 Woodloch Forest Dr., Ste 590 Facsimile: 281.419-0250 The Woodlands, Texas 77380 Ms. JohnnaTeal Counselfor Drill Bit Industries, Inc. 4100 Milam, Second Floor Houston, Texas 77006 Facsimile: 713.222-8204 Mr. Philip Placzek Counselfor Drill Tools (DTD, Inc. 3730 Kirby Drive, Suite 1165 Houston, Texas 77098 tile: 713.807-7581 v>-A lflQs*^>- Keith Mo Counselfor Temporary Administrator EXHIBIT 2 ssaanw mmmsm PROBATE COURT 1 CAUSE NO. 407,499 INTHEESTATE OF IN THE PROBATE COURT ADEL SHESHTAWY, NUMBER ONE (1) OF HARRIS COUNTY, TEXAS DECEASED ORDER APPOINTING DEPENDENT CO-ADMINISTRATORS On this day the Court heard the Application to Appoint Independent Co-Administrators, Alternatively, Dependent Co-Administrators and for Issuance of Letters Administration of the Estate ofAdel Sheshtawy ("Decedent"), and the Court finds as follows: 1. This Court has jurisdiction and venue over the Decedent's estate; 2. An Application to Appoint Independent Co-Administrators or Alternatively, Dependent Co-Administrators was filed with this Court on October 10,2013; 3. The Application complies with the Texas Probate Code; 4. Citation has been served and returned in the manner and for the length of time required by the Texas Probate Code; 5. Decedent died on August 8,2011; 6. Four (4) years have not elapsed since the date ofdeath ofDecedent; 7. Decedentdied intestate; 8. There is anecessity for the administration ofthe estate to determine, collect, preserve, and distribute theassets of theestate; 9. That an heirship judgment has been entered declaring the heirs ofDecedent's Estate; 078414/000001 130-93868WI v r' 10. Applicants, Nader Sheshtawy and Hanya Sustache, are not disqualified by law to (0 purs 0 serve asDependent Co-Administrators ofthis estate and are entitled tothe issuance of 0 Letters of Administration. r ITIS ACCORDINGLY, w ORDERED, that Nader Sheshtawy and Hanya Sustache, are appointed Dependent Co-Administrators of the Estate of Adel Sheshtawy, Deceased, and that Letters of 0 N Dependent Administration shall be granted to Nader Sheshtawy and Hanya Sustache upon taking of their Oath required by law and giving Bond in the sum of $ (OD| QQO conditioned as required by law. It is further,^- ORDERED, that there is no need for the appointment ofappraisers ofthis estate. SIGNED on this the |Qr^ day ofDecember, 2013. JUDGE PRESIDING APPROVED AS TO FORM: 6^/6 CRAIN.CATON& JAMES A Professional Corporation SARAH PATEL PACHECO (TBA #00788164) KATHLEEN TANNER BEDUZE (TBA# 24052205) Five Houston Center 1401 McKinney, 17th Floor '- '"- 2 Houston, Texas 77010 •so v. o (713)658-2323 c o (713)658-1921 (Facsimile) r K' ° m o Attorneys for Applicants n3C i> _ T3> 078414/000001 130-93868W1 EXHIBIT 3 or* NO. 42S.238 1 N 0 0 IN RE: GUARDIANSHIP OF § IN THE PROBATE COURT a. THE ESTATE OF § § CD LILY ALEXANDRA SHESHTAWY, § NUMBER ONE ()) OF M en A MINOR HARRIS COUNTY, TEXAS 0 in APPLICATION FOR AUTHORITY FOR GUARDIAN TO ENTER INTO SETTLEMENT (A.K.A. -DISTRIBUTION AGREEMENT REGARDING THE o ESTATE OF ADEL SHESHTAWY vN . SO TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Applicant W. CAMERON McCULLOCH, in his capacity as the Court appointed and duly qualified Guardian of the Estate of LILY ALEXANDRA SHESHTAWY, A Minor (hereinafter referred to as "Applicant"), and files this his Application for Authority for Guardian to Enter into Settlement (a.k.a. - Distribution) Agreementregarding the Estate of Adel Sheshtawy, Deceased, and insupport thereof would respectfully show theCourt the following: 1. Applicant was appointed by the Court to serve as the Guardian of the Estate of Lily Alexandra Sheshtawy, a Minor (hereinafter referred to as"Lily") by Order of this Court, dated January 22,2014. Applicant qualified as theGuardian of Lily'sestate on January 30,2014, and has continued to serve in hisCourt appointed capacity atalltimessince hisdate of qualification. 2. Lilyis one of Adel Sheshtawy's three biological children. Adel Sheshtawy (hereinafter referredto as the "Decedent") died on August 8,2011. £ z» m Ci> r- 0043500 x Papll 3. After Decedent passed away, litigation ensued between Lily's mother, Valentina Sheshtawy, and Lily's half-siblings (a.k.a. - Decedent's other two children - Nader Sheshtawy and Hanya Sustache). The litigation concerned Valentina Sheshtawy's assertion/allegation that she was the Decedent's surviving common law spouse. The common law marriage claim was ultimately settled; however, Valentia Sheshtawy has subsequently repudiated the Settlement Agreement1. The validity ofthe aforementioned Settlement Agreement is now the subject ofan appeal which is currently pending in the Fourteenth Court of Appeals under Cause Number 14- 14-00515-CV. 4. In addition to the common law marriage lawsuit which is described above, litigation has also occurred between the Decedent's Estate and Decedent's surviving brother, Farouk Sheshtawy, regarding the ownership of certain assets. More specifically, the Decedent's surviving brother, Farouk Sheshtawy, previously asserted ownership claims to assets which belonged to Decedent at the time of his death. The litigation between Decedent's Estate and bother (a.k.a. - Farouk Sheshtawy) was ultimately resolved, by and through a Court approved settlement agreement. 5. As alluded to above (and as a result of the Settlement Agreement), the Court previously declared and determined that the Decedent has three surviving heirs at law. More specifically, the Decedent's three surviving heirs at law are the Decedent's three biological children, Nader ARule 11 and Final Settlement Agreement for the common law marriage lawsuit was entered into by and between Valentina Sheshtawy, Applicant, Nader Sheshtawy and Hanya Sustache on May 28, 2013. On July 17, 2013, the Court, after due notice and consideration, found that the terms ofthe Settlement Agreement were in Lily's best interest, and approved the Settlement Agreement in all respects. 0043500 Page|2 Sheshtawy, Hanya Sustache and Lily. A true and correct copy of the Judgment Declaring Heirship for the Decedent's Estate is attached to this Application as Exhibit "A", and incorporated herein for all purposes. As a result of the foregoing and attached heirship Judgment, the Decedent's three surviving children and sole heirs at law - Nader Sheshtawy, Hanya Sustache and Lily - each own an undivided one-third interest in the assets which belong to the Decedent's Estate. 6. In an effort to divide and separate Lily's undivided one-third interest from the undivided interests ofNader Sheshtawy and Hanya Sustache, the undersigned (on behalf ofLily) - together with counsel for Nader Sheshtawy and Hanya Sustache - negotiated a settlement (a.k.a. - distribution) agreement for the assets that Nader Sheshtawy, Hanya Sustache and Lily have collectively inherited from the Decedent's Estate. A true and correct copy of the proposed Settlement Agreement isattached to this Application as Exhibit "B", and incorporated herein for all purposes. The Settlement Agreement is subject tothe approval of the Court. 7. By and through the filing of this Application, Applicant is seeking authority from the Court to enter into the Settlement Agreement which is attached hereto as Exhibit "B", as well as for authority to execute any other documents which are necessary or appropriate to effectuate and/or implement the terms and provisions of the Settlement Agreement. This Application is being filed pursuant to Section 1151.102 of the Texas Estates Code, as well as any other appropriate sections ofthe Texas Estates Code, for the purpose of obtaining the requisite Court authority for Applicant to enter into the Settlement Agreement (see atatched Exhibit "B") on Lily's behalf. 0043500 13 8. Applicant alleges and thereon believes that the terms and provisions of the Settlement Agreement (see attached Exhibit "B") are in Lily's bests interest, and should therefore be approved by the Court. WHEREFORE, PREMISES CONSIDERED, Applicant prays (i) that the Court approve the Settlement Agreement which has been attached hereto as Exhibit "B"; (ii) that the Court authorize Applicant to enter into the Settlement Agreement on Lily's behalf; (iii) that the Court authorize Applicant to execute any other documents which are necessary or appropriate to effectuate and/or implement the terms and provisions of the Settlement Agreement; and (iii) that Applicant have and recover such other and further relief as he may show himself justly entitled to receive. Respectfully submitted, MacINT^RE, McCULLOCH, STANFIELD & YOl W. CAMERON McCULLOCH State Bar Number 00788930 CHRISTOPHER C. BURT State Bar Number 24068339 2900 Weslayan, Suite 150 Houston, Texas 77027 (713)572-2900 (713) 572 - 2902 (FAX) ATTORNEY FOR APPLICANT 0043500 Page | 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the following*- via United States Certified Mail, returnreceipt requested, and/or via facsimile - onthis the /llraay of January, 2015: Ms. Sarah Patel Pacheco Mr. Michael L. Fuqua Ms. Kathleen Tanner Beduze Fuqua & Associates, PC Crain Caton & James, PC 5005 Riverway, Suite 250 Five Houston Center Houston, Texas 77056 1401 McKinney, 17th Floor (713) 960-1064 (Fax) Houston, Texas 77010 Temporary Administrator (713) 658-1921 (Fax) Attorneysfor NaderSheshtawy & Hanya Sustache. Ms. Valentina Sheshtawy 12206 Cabo Blanco Court Houston, Texas 77041 Mr. Peter J. Bennett Ms. Ann T-Ngo Peter J. Bennett, P.C. 202 Travis Street, Suite 207 Houston, Texas 77002 (713)568-2411 (Fax) W. Cameron McCulloch Christopher C. Burt 0036987 Page | 1 EXHTBTT "A" > FuOC.'.TECCl!RT1 CAUSE NO. 407,499 IN THE ESTATE OF § IN THE PR6BAt¥ COURT 0 § w ADEL SHESHTAWY, § NUMBER ONE (1) OF ft § DECEASED § HARRIS COUNTY, TEXAS u3 "J JUDGMENT DECLARING HEIRSHIP " 1 ? On this day came on for.trial in the above proceedingjthe determination of the heirship o w and the shares and interests of the heirs of Adel Sheshtawy, Deceased ("Decedent"), pursuant to 0 w the Application for Declaration of Heirship ("Application") filedbyNaderSheshtawy andHanya Sustache ("Applicants"); and it appearing to the Court that the known living heirs of Decedent havejoinedin theApplication; that there are no unknown heirs, that the Courthasjurisdiction of the subject matter of this proceeding and of all persons and parties hereto; that Applicants presented the Application duly supported by the requisite Affidavits, praying that the Court declare the heirship and the shares and interests of the heirs of Decedent; and Applicants, all parties, and Michael Fuqua, Attorney Ad Litem for unknown heirs announced ready for trial, a juryhaving been waived, and theCourt having heard and considered thepleadings of theparties and the evidence presented thereupon, this Court, sitting without a jury, hereby makes the following findings from the evidence presented, which the Court finds to be clear and convincing, to wif 1 That Decedent died in Houston, Harris County, Texas on August 8,2011; 2 That Decedent resided and was domiciled in Harris County, Texas at the time of his death, 3 That this Court has jurisdiction and venue over the estate of Decedentand over this matter; 078414/000001 130-938698vl JBWlt 4. That citation has been served and returned in the manner and for the length of time required by the Texas Probate Code; 0 5. That W. Cameron McCulloch, Jr. was appointed Attorney Ad Litem to represent o a. Lily A. Sheshtawy, a minor child. iC 6. That Michael Fuqua was appointed Attorney Ad Litem to represent the interests ofany unknown heirs; 7. That Decedent left no valid Will; o N 8. That at the time of his death, Decedent was not married. 0 W 9 That three children were born to Decedent: Nader Sheshtawy, Hanya Sustache, M and Lily Alexandra Sheshtawy. No other children were bom to or adopted by Decedent, and all children are living; 10 That the name and last known residence of the known heirs of Decedent at the date of Decedent's death and the true shareand interest of each such heir in Decedent's estateis as follows: , g . Name and Address Status V? jjlhterest in Estate Nader Sheshtawy Adult Mf/3 of ihe]Decedent's 1121 Lashbrook estate, isubjcct to all Houston, Texas 77077 agreements' regarding (Son) the distribution of the estate Hanya Sustache Adult 1/3 of the Decedent's 3734 Arundel Garden estate, subject to all Sugarland, Texas 77498 agreements regarding (Daughter) the distribution of the estate Lily A. Sheshtawy Minor 1/3 of the Decedent's 12206 Cabo Blanco Court Child estate, subject to all Houston, Texas 77041 agreements regarding (Daughter) the distribution of the estate 07841*000001 130-938698vl 11. That no person other than Oie heirs heretofore set forth inParagraph 9 are entitled to any interest in the property of Decedent as an heir of Decedent. ;# :p" -s . i: :9 w -fi 1 « -n IS •1? .Si ~ m jf:7v ll,: 35^ a K£ •!fc' m 078414/00000! 130-938698*1 APPROVED AS TO FORM ONLY: 05 CRAIN, CATON & JAMES MacINTYRE & McCULLOCH, P.C, A Professional Corporation o o n IS BY: SARAH PATEL PACHECC BrfljM^iUMck by/m/sziect W. CAMERON McCULLOCH, JR. MUMIi day of February, 2015 to the following parties: W. Cameron McCulloch Guardian ofEstatefor Lily Maclntyre Mcculloch Stanfield & Young, LLP Sheshtawy, Minor 2900 Weslayan, Suite 150 Houston, Texas 77027 Phone: 713-572-2900 Fax: 713-572-2902 Cameron.McCulloch@mmlawtexas.com Michael Fuqua Temporary Administrator Fuqua & Associates, PC 5005 Riverway, Suite 250 Houston, Texas 77056 Phone: 713-960-0277 Fax: 713-960-1064 Sarah Pacheco Attorneysfor Nader Kathleen Tanner Beduze Sheshtawy and Hanya Crain Caton & James, PC Sustache Five Houston Center 1401 McKinney, 17th floor Houston, Texas 77010 Fax: 713-658-1921 EXHIBIT 5 NO. 425,238 IN THE GUARDIANSHIP IN THE PROBATE COURT ONE OF THE ESTATE OF OF HARRIS COUNTY, TEXAS LILY SHESHTAWY, A MINOR X k\ en ^3 m m CO 0 ci-z. ft m CJ-4 .'} o M IN RESPONSE TO APPLICATION FOR AUTHORjnH^ -o •«"•• < 3: rn FOR GUARDIAN TO ENTER INTO SETTLEMENjf f xr 0 (A.K.A.-DISTRIBUTION) AGREEMENT S f, - REGUARDING THE ESTATE OF ADEL SHESHTAWY INCORPORATED BY REFERENCE WITH THE COMPLAINT AGAINST CAMERON McCULLOCH TO THE HONORABLE JUDGE OF SAID COURT: Valentina Spassova Sheshtawy (hereinafter referred as to "Valentina"), as an interested party, and the mother of Lily Alexandra Sheshtawy, a minor child (hereinafter referred to as "Lily"), filed a Complaint against Cameron McCulloch, Guardian of the Estate of Lily Sheshtawy on February 13, 2015, and in support of the Complaint, and in response to Mr. McCulloch's Application for Authority for Guardian to Enter into Settlement (a.k.a.- distribution) Agreement Reguarding the Estate of Adel Sheshtawy, will respectfully show the court the following: The family settlement agreement, presented by Mr.McChuUoch for which he is seeking approval by the court, is not in Lily's interest; it causes monetary damages to Lily; constitutes provisions contrary to Lily's inheritance rights; reduces Lily's fair share of her father's estate and is causing harm to the minor child. I. The estate of Adel Sheshtawy - Lily's father has not been appraised. Appraisement of estate is a statutory requirement. Valentina filed a complaint against the Temporary Administrator, Mr Fuqua under the base proceeding 407,499, on or about June 16, 2014. In this complaint, Valentina complained to the court about improper inventory and raised the issue of assets belonging to the estate of Adel Sheshtawy not being appraised. Mr.McCulloch did not raise the same issues in court on Lily's behalf at that time, and/or after. 1.1. The Temporary Administrator has the duty to prepare and file with the court clerk a single written instrument that contains a verified, full, and detailed inventory in which the appraisement is set out before the 91 day after he qualifies. EST. 309.051(b) The personal representative shall: (l)set out in the inventory the representative's appraisement of the fair market value on the date of the decedent's death of each item in the inventory (emphases added): or (2) if the court has appointed one or more appraisers for the estate: (A) determine the fair market value of each item in the inventory with the assistance of the appraiser or appraisers; and (B) set out that appraisement in the inventory. 1.2.. Valentina Spassova Sheshtawy has previously raised the issue that Mr Fuqua as a Temporary Administrator of the estate of Adel Sheshtawy had filed inventory without an appraisement and the court approved the document without appraisement. Mr Fuqua was issued LETTERS OF TEMPORARY ADMINISTRATION on October the 17, 2011. At any time after letters of testamentary or of administration are granted, the court, for good cause, on the court's own motion or on the motion of an interested party shall appoint at least one but not more than three disinterested persons who are residents of the county in which the letters were granted to appraise the estate properly. EST. § 309.001. 1.3. When Mr. McCulloch was appointed to serve as Attorney Ad Litem for Lily he should notice that there was no appraisement of the assets of the estate of Adel Sheshtawy. As an Attorney Ad Litem and/or Guardian of the Estate for Lily Sheshtawy, a minor child he could file a motion on Lily's behalf and request the court to appoint appraisers in order to properly determine the share that Lily is entitled to from her father's estate. The fact that MrMcCulloch did not request appraisal of the estate of Lily's father shows that he did not exercise his duties to Lily and the court which appointed him with diligence. Mr.McCulloch at a previous hearing stated that he paid out of his pocket at a very low cost for an appraisement of the property at 6324 Cunningham Rd., Houston, Texas 77041 and 6323 Thomas Rd, Houston, Texas 77041 but there are still many other valuable assets that have not been appraised. Therefore, Mr. McCulloch could not agree with the provisions for Lily in FAMILY SETTLEMENT & DISTRIBUTION AGREEMENT without knowing the value of said assets. 1.4. This court could on its own motion appoint appraisers in order to determine what is the proper value of of the estate of Adel Sheshtawy and Lily's share of the estate of her father Adel Sheshtawy, accordingly. Without an appraisement of the estate of Adel Sheshtawy, the court could not make determination whether the FAMILY SETTLEMENT&DISTRIBUTION AGREEMENT is in Lily's best interest because the court does not know the value of the assets belonging to Adel Sheshtawy's estate. 1.5. Based on Adel Sheshtawy's PERSONAL FINANCIAL STATEMENT, the value of shares he owned in Tri-Max Inds., Inc. is $ 8,000,000; his real estate properties and investments included the house at 12207 Cabo Blanco Ct., Houston, Texas 77041 which market value is around $ 470,000 as part of AJZ Inc.; he stated his annual income was $ 146,880; Adel also stated he owned E-trade & Scott trade accounts. See Exhibit A Personal Financial Statement and Exhibit B: Affidavit of Daniel Gebara - Realtor with Keller Williams Realty, in support of purchase made by Adel. The monthly rent from this property at 12207 Cabo Blanco Ct., Houston, TX 77041 was $4,500.00 a month. After Adel's death the tenant continue to occupy the property and pay rent. The rent was deposited in the court registry. 1.6. As per the settlement agreement signed under 407,499-402, AJZ investment was assigned to Nader Sheshtawy. This constitutes unlawful exclusion of estate assets and unlawful assignment of said assets to Nader Sheshtawy but Mr.McCulloch agreed to that on Lily's behalf. The house at Ivy Heath, Houston, Texas 77041 was purchased by Adel Sheshtawy in 2011 also under AJZ Inc. Nader Sheshtawy sold the property after Adel died and deposited the proceeds in his personal bank account in Bank of America. Nader stated in his deposition that he sold the house for $150,000.00 Exhibit C: Westbound Bank, checks 004800 and 004799 show transactions to E-TRADE and SCOTTRADE accounts made by Adel. Both checks are dated July 22 2010. Valentina is not aware whether MrMcCulloch requested any documents from Mr Fuqua and Nader Sheshtawy, in terms of value of assets belonging to Adel's estate , to determine whether the provisions in 407,499-402 settlement agreement are fair to Lily. Valentina made numerous attempts to reach to Mr.McCulloch prior to him signing a settlement agreement on Lily's behalf in 407,499-402 proceeding in order to show him documents in support of assets belonging to the estate of Adel Sheshtawy and injunctions from 247 District Court were forwarded to Mr.McCulloch to prove that Adel could not transfer assets to his brother Farouk Sheshtawy during the pending divorce. Mr.McCulloch ignored the information submitted to him and signed settlement agreement under 407,499-402 as per which the estate of Adel Sheshtawy was significantly reduced, and Lily's share accordingly. As per the same agreement Westbound Bank accounts were given/assigned to Nader Sheshtawy. 1.7. Lily Sheshtawy's father Adel Sheshtawy had unique inventions and several patents under his name. They are as follows: 1.5.1. Canadian Patent No. 2,289,367, Drilling Tool with Extendable Elements. 1.5.2. Great Britain Patent No. GB2344607, Drilling Tool with Extendable Elements. 1.5.3. United States Patent No. 7,703,534 Underwater Seafloor Drilling Rig. 1.5.4. United States Patent No. 6,189,63IB 1 Drilling Tool with Extendable Elements. 1.5.5. United States Patent No. 3,937,278 Self-propelling apparatus for well logging tools. 1.7. Corporations: 1.7.1. 100% Ownership interest in Tri-Max Industries, Inc. 1.7.2. !00% Ownership interest in Drill Bit Industries, Inc. 1.7.3. 65% Ownership interest in Drilling Tools (DTI), Inc. 1.8. Securities, Stocks & Bonds: 1.8.1. British Petroleum (BP) - 17 Shares @ $742.22/share 1.8.2.SEMISUB, INC. (California Corporation) - 50 shares Authorized Capital Stock Share # 128 dated October 10,2008. All of the above assets, belonging to the estate of Adel Sheshtawy have not been appraised, and therefore Mr.McCulloch could not agree and sign on Lily's behalf the FAMILY SETTLEMENT & DISTRIBUTION AGREEMENT without knowing how much Lily will be at loss. II. Lily Alexandra Sheshtawy - the minor child of Adel Sheshtawy and Valentina Sheshtawy has a preserved portion from her father's estate as of the date he passed away on August 8,2011. Mr.McCulloch has not made any efforts to strive to conserve Lily's share in the estate of her father as Attorney Ad Litem and/ or Guardian of Estate. Mr McCulloch was appointed by this court, and he is liable to the court and Lily for his actions. 1. Many assets which belonged to the estate of Adel Sheshtawy has been misappropriated with the Settlement Agreement under 407,499-402, such as: AJZ Inc. assigned to Nader Sheshtawy, approximate value of 12207 Cabo Blanco Ct., Houston, Texas 77041 - $ 470,000.00 and rent in the amount $ 4,500.00 from August 2011 to August 2014 when Nader Sheshtawy sold the same property ($ 162,000.00 total). The rent was deposited in court registry, and then Nader Sheshtawy withdrew the amount. Nader Sheshtawy had also sold the property where Adel resided at the time of his death and during the pending divorce at Ivy Heath, Houston, Texas 77041 and deposited the sale proceeds in his personal account in Bank of America. Adel purchased the house at Ivy Heath during the pending divorce at 247th District Court in Harris County as per the same court orders he was removed from the family residence at 12206 Cabo Blanco Ct. 2. The Westbound bank accounts were given to Nader Sheshtawy as per Settlement Agreement under 407,499-402. Mr. McCulloch agreed to that on Lily's behalf. Valentina requested a meeting with Mr.McCulloch prior to him signing such agreement. Valentina made numerous attempts to reach to Mr. Mculloch and show him documents in support of Westbound bank accounts and other assets belonging to the estate of Adel Sheshtawy, to no avail. Mr. McCulloch signed the Settlement Agreement and in result reduced and agreed Lily's share to be reduced with amount of money in exceeds of $ 3,000,000.00. The amount in Westbound Bank accounts could be easily verified with the bank as well as the value of E-trade and Scott-trade accounts. 3. Mr.McCulloch signed a settlement agreement under 407,499-401 on Lily's behalf. As a licensed attorney with long experience in probate, he knew that Lily is entitled to the house at 12206 Cabo Blanco Ct., Houston, Texas 77041. He knew that this is the primary residence and Lily's homestead. Mr.McCulloch initiated the settlement agreement and did not inform Lily's mother that Lily is entitled to the house as this is her homestead. Mr.McCulloch as a licensed attorney knew that a homestead cannot be partitioned among the heirs and he knew there was a potential thread with such agreement Lily's share in the estate of her father tto be reduced. Instead to strive to preserve and collect Lily's rightful share of her father's estate and set aside Lily's homestead, Mr.McCulloch caused monetary damages to Lily as it is evidenced from all of the above. In the same agreement signed by Nader Sheshtawy and Hanya Sustache, they agreed to be responsible for their attorneys' fees, cost and expenses. III. The exact amount of damages caused to Lily could be reasonably calculated by this court after proper appraisement of the estate of Adel Sheshtawy, and reviewing the previous settlement agreements. IV. Mr.McCulloch asks this court to approve Lily's share of the estate of her father Adel Sheshtawy to be limited to the property at 12206 Cabo Blanco Ct., Houston, Texas 77041. Said property is under appeal in the 14th Court of Appeals in Harris County, Texas. The Probate Court One has no jurisdiction at present over the same property. The property was improperly included in the estate, and is exempt property, and not subject to administration. V. Mr. McCulloch is asking the court for permission to sign a release on Lily's behalf for the following: - Any and all claims, causes of actions, debts, demands, actions, costs, expenses, losses, damages, charges, challenges, contests, liabilities, promises, agreements, deceptive practice claims, claims in equity, suits, and all other obligations and liabilities of whatsoever nature KNOWN and UNKNOWN, fixed or contingent, liquidated or unliquidated, anticipated or unanticipated, at lawor in equity, for any type of relief or redress, including but not limited to money damages, whether founded on contract, tort (including but not limited to tortuous interference with inheritance rights, conversion,fraud, tax issues, undue influence, false representation, conscious indifference, reckless disregard, and/ or malicious conduct), fiduciary duty, NEGLIGENCE, gross negligence, intentional affliction of emotional distress, reimbursement, breach of fiduciary duty to disclose material information, indebtedness, FRAUDULENT INDUCEMENT, and any other ground, whether or not asserted, which any person has, may have, or have had against the released and/or indemnified party, now existing or arising in the future, including the claims brought or which could have been brought by Valentina through the effective date of the Agreement relating to Nader, Hanya, the Lawsuit, Decedent's estate, including any claims of common law marriage, save and except warranties and representations under this Agreement. THE PARTIES AGREE THAT THE DEFINITION OF "CLAIMS" IS AND SHALL BE AS BROAD AS THE LAW WILL ALLOW. Valentina Spassova Sheshtawy believes that the law in the State of Texas does not allow and support all of the above but specifically to mention a few such as tort, torturous interference with inheritance rights, conversion, fraud, undue influence, false representation,, conscious indifference, reckless disregard, malicious conduct, fiduciary duty, negligence, intentional infliction of emotional distress. Because Lily is only six years old, she could not possibly cause harm to Hanya Sustache ("Hanya") and Nader Sheshtawy ("Nader"), personally and as Co- Administrators along with Mr Fuqua but Hanya and Nader can do all of the above mentioned to Lily, and in fact they have already caused harm to Lily by interfering with the social security benefits that Lily and Valentina were receiving, in result of which the family income dropped drastically and cause Lily to suffer days with no food or very limited food, depriving Lily of basic needs for child her age which resulted in emotional affliction and constitutes act of malicious conduct from Nader's and Hanya's side. Mr. McCulloch previously gave indications that he was aware of that Hanya and Nader interfered with the social security benefits which they could not contest because they are not entitled to those benefits. They intentionally caused harm to Lily and Valentina. Lily is currently under therapy appropriate for her age in result of Hanya and Nader's intentional cruel actions. The above cited provisions which are included in the settlement which Mr. McCulloch presented to the court for consideration are indemnity provisions Mr. McCulloch cannot bind Lily who is six years old. These type of provisions are subject to direct attack in the court of appeals especially when a minor child is involved. Valentina Spassova Sheshtawy believes that Probate Court One does not support such provisions, and prays that the court deny Mr. McCulloch APPLICATION FOR AUTHORITY FOR GUARDIAN TO ENTER INTO SETTLEMENT (A.K.A. - DISTRIBUTION AGREEMENT REGARDING THE ESTATE OF ADEL SHESHTAWY. Valentina Spassova Sheshtawy, further prays that after proper hearing of arguments, this court release Mr. McCulloch to serve as Attorney Ad Litem and Guardian of Estate for Lily Alexandra Sheshtawy; and that the court enter any other order deemed necessary to protect the interest of the minor child in the estate of her father Adel Sheshtawy, including but not limited to appraisement and freezing the assets of the estate of Adel Sheshtawy until further order of the court; and consider less costly alternative to Lily's guardianship. Respectfully submitted, Valentina Spassova Sheshtawy 12206 Cabo Blanco Ct. Houston, Texas 77041 832-721-3606 valentinasheshtawy@yahoo.com EXHIBITA 8«. I 2611 2:4111 FUQUA & ASSOCIATES, P.C. j.2380 t 11/3© / ra&oMM.reui?aCiA^idimMa JUL RESJDBICE ADDRESS •***iBhJss&gg& The feaoaig fa sabitffladtorItt purpose of p ci»poraflareto«rfTOhBtiafffi^OTileis|B^ TteondBBijmlnRBRiBfliat ttiis financial statementistawandcaret* andtat jobnayconsiii&rthis^rtBmBtfasoarAii^tobe^ardo»r^iBi]38Wi!DmnDfffirfdBirDB bgfoentoyoubyteiaidettinfted. Date PLEASE DO MOT LEKtfE ANT QUESTIONS UNANSWERED, USE "NO" OR "HOME- WHERE NECESSARY ASSETS bi flwon doaars UA6SJTB2 InevandoJtans Cash on hand and fa banks _S. BOQ Notes payable to (tenia-secured O 0 ar MarktiBMoSeaxlBn-SeeScheduloA Norv^arfatotte SBCDrtto-Saa Sched^ B 1 it^I Notes payaHafDhanta-anaaoorad G o o DM to brokers an irfl^ Securffles held by broker h marginaccounts Amoij^oayaUubofbsis-sensed * SO Partial intasst in Real r'M?^*Ptpiffffff- See Schedule C Real estate iwiwiuobb flflifflBy** SeescbBdutoD \ Real Estate Owned - Sea Schedule D SE ddd Accounts and Mb dun \ Loans Reoetabte Autanasbtes andolhar personal property • Unpaid Income Tax Otfwr unpaid taxes and Merest \•> Cash value - Hfetnaumnoa - See Scnetkie E OSwrdafete-Kenntae \" >j Other assess - ttomtoec -—W TOTAL UABIUTlEa NET WORTH (Asaats lass LbbBSes) TJ * Lint on Schedule F TOTAL ASSETS -A Trti 3o» TOTALUABIUT1B8 AMET WORTH Are al bad and dotdrtnit assets axduded 1tomthis statement?. y<.$ _ If no»pteasa sxnlrin. Income faxes settled through what date?. itUlUogfe .AddBfanah ANNUAL SOURCES Of INCOME PERSONAL AMD GENERAL PffOBMATIOM Salary, bonra & eonmassfens Your Social Security Number: 525 0& IZ^^ $ €301 Ooat-~ Spouse Social Security Number DMdends Hcimfofepj 4»3 fefof^-g^L. Do you have a wflr?_ ff yes, name Reef Estate Income An you a partner wofRcer In 9ny other ther venture? _/ • £7, *Zo»» — Other Income Are you abfiasted to pay eftneny, cMM support or l . SCHEDULE B - NON-MARKETABLE SECURITIES No. of shared Boob Value Per No. of shares Description of Securities owned Financial Statement Outstanding Total Value dated: 7^-HfryiyvA^rV^u h IQQioaa -* J&a&fO&W t((oo,oao ^a&o.oao ft Xhc, too& J2 SCHEDULE C - PARTIAL INTERESTS IN REAL ESTATE EQUITIES Location of Property %of Type Yr.of Cost ©or Mortgage Value of Ownership Purchase Market(M) Equity fijoh - SCHEDULE P - REAL ESTATE OWNED Description of Property Date Market Mortgage anjl Improvements Acgiuired Title In Name Of Cost Value 72I5£- m Jg/foflfi Amount Maturity f*Zl £222- -T---TT- ~-» &rcx»yi 6T2 S&ZQ y/.'W igfifeaai^B L£fld a^fifti 2*T =»/*& tf^ _Ofl**L SCHEDULE E • LIFE INSURANCE CARRIED, INCLUDING N.S.U. AND GROUP INSURANCE Face Value Name of Company Beneficiary Cash Loans Surrender Value Afs^t-'y /\l(yr'' [ SCHEDULE F - NAME OF BANKS/FINANCE COMPANIES WHERE CREDIT HAS BEEN OBTAINED Name and Address Original Date High Credit Current Secured or Balance unsecured . PAGE 2 The undersigned cerfffiesaratt 6both ireof and the Information Inserted therein has been carefulJg readjand la. d complete. SIGNATURE fi^fr\&^\ DATE' rttlC (USE ADDfTlONA. DULE8 WHEN NECESSARY) EXHIBITS AFFIDAVIT OF DANIELLE GEBARA BEFORE ME, the undersigned authority, personally appeared DANIELLE GEBARA, who being duly sworn, said the following facts are true: My name is Danielle Z. Gebara. Iam overage of 21years, have never been convicted of a felony or a crime of moral turpitude, and I am in all respects competent to make this Affidavit. I have personal knowledge of the facts contained herein, and all are true and correct. Iam a Realtor with Keller Williams Realty. I have eleven years of experiencein Real Estate. Ifirst met Mr. Adel Sheshtawy in December 2007, at an open house for the home I was listing at 12206 Cabo Blanco, Houston TX. 77041 owned at that time by Kevin and Lisa Carpenter. Mr. Sheshtawy visited the home and stated that he loved it, than left the property. The same evening he called me and requested that Imeet him at the property the next morning and bring along a copy ofthe contract necessary to submit an offer. Upon meeting him, he requested that we draw the offer on the spot. When I asked him ifthere would be anyone else's name on the contract he said that he was married but wanted his name only on the contract because the home was a surprise for his wife, who I later met through another purchase and lease transaction Mr Sheshtawy requested my help with. Mr Sheshtawy purchased this home with cash. Ifirst met Valentina Sheshtawy in late May, earlyJune 2008when Ivisited MrSheshtawy at his new home twice, and discussed with him the purchase and the lease of 12207 Cabo Blanco Ct, the home across the street from the property that he purchased from me, and where he lived with his family . In the following 3 years Mr sheshtawy called me several times to ask for my opinion about other real estate investments. I would always ask about his wife Valentina and Lilly and Nikolay. He always responded they were fine, adding they were all very happy in the house. I later learned during the year 2010, through common acquaintances, that there was a divorce procedure between Mr. Sheshtawy and his wife. I live in Lakes on Eldridge North and have seen the Sheshtawy family on several occasions such as parties and social gatherings. Adel and Valentina were representing themselves as a married couple and family with a young daughter and a teen age step child. I heard that Mr. Sheshtawy passed away in 2011. Danielle Gebara SUBSCRIBED AND SWORN before me this, lol day ofJtiflfl. .2014. Notary Public in and for the State of Texas My commission expires on VCt^l'^ ^WVLdti&XL^ STEPHANIE I. WALKER Notary Public, state of Texas My Commission Expires October 31, 2017 EXHIBIT C Nov. 3. 2011 2:03PM FUQUA & ASSOCIATES, P.C. No. 2382 P. 16/20 "A New Directionfri Hanking «a«rmm TRi-MAXINPl^TRIES INC WTE ,07/22*2010 p& TfitME DHDfiB OF Sfacty Ona Thousand Thr- Hundred Forty Eiflht and W10Q DOLLARS Cashiers Check y~— * mOir* ^•^^KBa^ScTzk . ANew Dtnctlon In Barring hattrttR tp^av tiyra rfriwes imk 55gB scoTTRADg (^f* -y»/ig-ryrq 4f6fSli«<\bJj4*iy %44'000J PorlV Four Thousand and QQrtto ^ aW - .. -i cfx.F THE STATE OF TEXAS COUNTY OF HARRIS AFFIDAVIT OF VALENTINA SPASSOVA SHESHTAWY IN SUPPORT OF COMPLAINT AGAINST CAMERON McCULLOCH AS A GUARDIAN OF ESTATE FOR LILY ALEXANDRA SHESHTAWY Before me, the undersigned authority, on this d$ day of HbrUg.ry , 2015, personally appeared Valentina Spassova Sheshtawy who being duly sworn, upon her oath states: 1. My name is Valentina Spassova Sheshtawy. I am over 21 years of age and competent to make this affidavit. 2. I live at 12206 Cabo Blanco Ct., Houston, Texas 77041. 3. I am the mother of Lily Alexandra Sheshtawy, a minor child. 4. I am the wife of Adel Sheshtawy who died on August 8, 2011 5. I am personally familiar with the assets belonging to the Estate of Adel Sheshtawy and have personal knowledge of the value of the assets. 6. I was also employee of Tri-Max Inds, Inc. and have personal knowledge about the nature of the business, the inventions of my husband and value of the patents, and assets, and have personal knowledge of relevant facts. 7. All the facts, circumstances and representations made by me related to IN RESPONSE TO APPLICATION FOR AUTHORITY FOR GUARDIAN TO ENTER INTO SETTLEMENT (A.K.A.) DISTRIBUTION AGREEMENT REGARDING THE ESTATE OF ADEL SHESHTAWY INCORPORATED BY REFERENCE WITH THE COMPLAINT AGAINST CAMERON McCULLOCH as Guardian of Estate for my minor daughter Lily Alexandra Sheshtawy, presented in Probate Court One in Harris County, Texas, are true and correct to the best of my knowledge. Signed this i° day of fir$>' , 2015. Valentina Sheshtawy 12206 Cabo Blanco Ct., Harris County, Texas 77041 SWARN TO AND SUBSCRIBED BEFORE ME on this ^o^'day of Ft-h- ,2015. mw& ASHVINA. DESAI ?*X4i-*» Notary Public, State My Commission E '*<&* September 12 NO. 425,238 IN THE ESTATE OF § IN THE PROBATE COURT ONE LILY SHESHTAWY, § OF HARRIS COUNTY, TEXAS A MINOR § ORDER REMOVING MRJVtcCULLOCH TO SERVE AS GUARDIAN OF THE ESTATE FOR LILY SHESHTAWY. A MTNOR CHII.n This day of 2015 came on to be heard the COMPLAINT AGAINST MR.McCULLOCH in the above entitled and numbered proceeding, and finds that Mr. Cameron McCulloch should be removed for cause: not acting in the best interest of the minor child LILY SHESHTAWY'S and for IT IS ORDERED that the said MR. CAMERON McCULLOCH be and is hereby removed to serve as Attorney Ad Litem and as Guardian of the Estate of LILY SHESHTAWY, a minor, that the letters heretofore issued to him be surrendered and that all such letters be and they are hereby canceled of record whether issued or not. IT IS FURTHER ORDERED that MR. CAMERON McCULLOCH relinquish and deliver all of the estate remaining in the hands of , the person entitled hereto. SIGNED this day of _, 2014. CERTIFICATE OF SERVICE I certify mat true and correct copy of the foregoing instrument was sent by facsimile and/or e-mail, on JLfJ day of February, 2015 to the foUowing parties: W. Cameron McCulloch GuardianofEstatefor Lily Maclntyre Mcculloch Stanfield & Young, LLP Sheshtawy, Minor 2900 Weslayan, Suite ISO Houston, Texas 77027 Phone: 713-572-2900 Fax: 713-572-2902 Cameron.McCulloch@mmlawtexas.com Michael Fuqua Temporary Administrator Fuqua & Associates, PC 5005 Riverway, Suite 250 Houston, Texas 77056 Phone: 713-960-0277 Fax: 713-960-1064 Sarah Pacheco Attorneysfor Nader Kathleen Tanner Beduze Sheshtawyand Hanya Cram Caton & James, PC Sustache Five Houston Center 1401 McKinney, 17* floor Houston, Texas 77010 Fax: 713-658-1921 EXHIBIT 6 NO. 425,238 IN RE: GUARDIANSHIP OF § IN THE PROBATE COURT THE ESTATE OF § § LILY ALEXANDRA SHESHTAWY, § NUMBER ONE (1) OF § A MINOR § HARRIS COUNTY, TEXAS FIRST AMENDED NOTICE OF HEARING TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE BE NOTIFIED that the hearing on the following instruments in the above entitled cause have been re-set for Thursday, March 12, 2015 at 10:00 a.m. in the Probate Court Number One (1) of Harris County, Texas: 1. Application for Authority to Enter into Settlement (a.k.a. - Distribution) Agreement and any responsive pleading thereto; and 2. Valentina Sheshtawy's Complaint Against Cameron McCulloch, Guardian of the Estate of Lily Sheshtawy Respectfully submitted, MacINTYRE, McCLjL^OCH^ST/ &YOI W. CAMERON McCULLOCH State Bar Number 00788930 CHRISTOPHER C. BURT State Bar Number 24068339 2900 Weslayan, Suite 150 Houston, Texas 77027 (713)572-2900 (713) 572-2902 (FAX) Cameron.McCulloch@mmlawtexas.com Christopher.Burt@jnmlawtexas.com ATTORNEY FOR APPLICANT 0044132 HI CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the following^vAUnited_Sjates Certified Mail, return receipt requested, and/or via facsimile - on this the *M AQfty of February, 2015: Ms. Sarah Patel Pacheco Mr. Michael L. Fuqua Ms. Kathleen Tanner Beduze Fuqua & Associates, PC Crain Caton & James, PC 5005 Riverway, Suite 250 Five Houston Center Houston, Texas 77056 1401 McKinney, 17th Floor (713) 960-1064 (Fax) Houston, Texas 77010 Temporary Administrator (713)658-1921 (Fax) Attorneysfor Nader Sheshtawy & Hanya Sustache. Ms. Valentina Sheshtawy 12206 Cabo Blanco Court Houston, Texas 77041 Mr. Peter J. Bennett Ms. Ann T-Ngo Peter J. Bennett, P.C. 202 Travis Street, Suite 207 Houston, Texas 77002 (713)568-2411 (Fax) W. Cameron McCulloch Christopher C. Burt 0044132 Page 12 CERTIFICATION Valentina Spassova Sheshtawy, the person filing this Writ of Prohibition, or alternatively Writ of Mandamus, has reviewed and concluded that the evidence are included in the appendix and other records are already in file, Cause No. 14-14- 00515-CV in the Fourteen Court of Appeals in Houston, Texas. Valentina Spassova Sheshtawy vi CERTIFICATE OF COMPLIANCE In compliance with TRAP 9.4 (i) (3), the undersigned certifies that the Petition for Writ ofProhibition/Writ of Mandamus contains 3,133 words. Valentina Spassova Sheshtawy Q vn CERTIFICATE OF SERVICE I certify that true and correct copy of the foregoing instrument was sent by facsimile on 9th day ofMarch, 2015 to the following parties: Honorable Judge Loyd Wright Probate Court One (1) of Harris County 201 Caroline, 6th floor, Houston, Texas 77002 Phone: 713-368-6700 Fax: 713-368-7300 Respondent W. Cameron McCulloch Maclntyre Mcculloch Stanfield & Young, LLP 2900 Weslayan, Suite 150, Houston, Texas 77027 Phone: 713-572-2900 Fax: 713-572-2902 Guardian ofEstate ofLilySheshtawy, Minor Michael Fuqua Fuqua & Associates, PC 5005 Riverway, Suite 250, Houston, Texas 77056 Phone: 713-960-0277 Fax: 713-960-1064 Temporary Administrator ofthe Estate ofAdel Sheshtawy, Deceased Sarah Pacheco and Kathleen Tanner Beduze Crain Caton & James, PC 1401 McKinney, 17th floor, Houston, Texas 77010 Fax: 713-658-1921 Attorneysfor Nader Sheshtawy and Hanya Sustache VM2AA.i-Tvy.ix S We&LX Valentina Spassova Sheshtawy E-mail:valentinasheshtawy @yahoo. com viii AFFIDAVIT OF VALENTINA SPASSOVA SHESHTAWY IN SUPPORT OF RELATOR'S ORIGINAL PETITION FOR WRIT OF PROHIBITION/WRIT OF MANDAMUS Before me, the undersigned authority, on this C? day of hAcXTCA^ , 2015, personally appeared Valentina Spassova Sheshtawy who being duly sworn, upon her oath states: 1. My name is Valentina Spassova Sheshtawy. I am over 21 years of age and competent to make this affidavit. I live at 12206 Cabo Blanco Ct., Houston, Texas 77041. 2. I am the Relator of the Petition for Writ of Prohibition/Writ of Mandamus, filed in the Court of Appeals in Houston, Texas. 3. All the facts or circumstances presented in Relator's Original Petition for Writ of Prohibition/Writ of Mandamus, are true and correct to the best of my knowledge. Signed this U day of M£U"Ch, 2015. Valentina Sheshtawy 12206 Cabo Blanco Ct., Harris County, Texas 77041 SWARN TO AND SUBSCRIBED BEFORE ME on this J£ day of KAAjrrJn ,2015. "•-' LWDSEYLBWSMiTH NOTARYPUBLIC J Notary Pu Notarv Public 8M»0fTflMS Carm&*»»20ie Und^iM USmith