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. $
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3005 Riverway, Ste. 250
Houston. Texas 77019 f T7
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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
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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
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OF
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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
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