04-12-00514-CV

aside as exempt. For that reason, the probate court called its February 13, 2012, order a “partial”
order. As the probate court did not rule on Douglas’s entire application pursuant to section 271 , its
February 13, 2012, order did not conclude a discrete phase of the proceedings and was not
appealable. See De Ayala, 193 S.w3d at 578-79. And, as the February 13, 2012, order was not an
appealable order, the probate court erroneously concluded that res judicata and collateral estoppel
applied to that order. We therefore reverse and vacate the probate court’s Order Finding Res
Judicata and Collateral Estoppel Apply.

Having determined that res judicata and collateral estoppel do not apply, we must now
address Douglas’s issues pertaining to homestead. Here, it is apparent the probate court declined
Douglas’s request to designate the Medina County ranch as the surviving spouse’s homestead.
Instead, the probate court designated the Ulbrichs’ San Antonio residence as the surviving spouse’s
homestead. On appeal, Douglas argues that the probate court erred in failing to designate his
Medina County ranch as his homestead. He further argues that there is no evidence to support the
probate court’s finding that his San Antonio home was his homestead. We review a trial court’s
finding of fact for legal and factual sufficiency. See Anderson v. City of Seven Points, 806 S.W.2d
791, 794 (Tex. 1991); Estate of Cantu, No. 04-11-00229-CV, 2012 WL 2336248, at *1 (Tex.
App.—San Antonio June 20, 2012, no pet.). Here, although there were numerous discussions and
arguments regarding the homestead issue at the hearings that took place prior to the August
hearing, the record fails to show there was ever any sworn testimony or documentary evidence
presented on the homestead issue. And, at the August hearing, the only evidence presented was
the testimony of Douglas and one of the decedent’s adult children regarding personal property
owned by the Ulbrichs. Thus, there was no evidence presented at any hearing in this case on the
issue of homestead. And, because there was no evidence presented on the issue of homestead, there

is no evidence to support the probate court’s finding that the San Antonio home should be set aside

-16-


APPELLEES APPENDIX

EXHIBIT 3



SEELAZHIZOA

Bexar Appraisal District PROPERTY APPRAISAL INFORMATION 2008 Entities

PROPERTY 532405 R OWNER ID —-—ULBRICH DOUGLAS J & 0% 10
jal Description 412248 CONSUELLA oe 10
ICB 13675 BLK 2LOTB 5740 FM 462 N 9 10
OWNERSHIP — HONDO, TX 78861-6921 US eS
210
55 10
13676-002-0080 ACRES: 0000 cad 10
EFF, ACRES:
SITUS 3939 STARHILL APPR VAL METHOD: Cost .
GENERAL SKETCH for Improvement #1 (Residential)
UTILITIES LAST APPR. 248-LCH -_
TOPOGRAPHY LASTAPPR. YR 2008 4
ROAD ACCESS LAST INSP. DATE 03/01/2001 if
ZONING RS NEXT INSP. DATE

NEXT REASON

REMARKS 2009 REVAL; MADE ADJUSTMENTS TO.
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING iN LINE WITH ; 8 to
NBHD 376/CAV

7 BUILDING PERMITS:
ISSUE DT PERMITTYPE PERMITAREA ST PERMIT VAL |

SALBOT PRICE GRANTOR DEBDANFO

SUBD: $1367 _. 100:00% :NEHD:98605
@ TYPE DEScRIETION mH

198.00%

Living Area Ro 8
KG Riached Gar Abo ARB
OF Attached Ge ADD ANNO
PAC Terrace wi ADO ASB
A. Bidege: DO...
SUBD: $13675 100.00% “NBND:98605. 195,00% LAND-INFORMATION — 4#RR Wettss0  Capacty. 0 ARR Acres: 0
Uo DESCRIPTION GAS TABLE = SC_-HS. METH DIMENSIONS UNIT PRICE GROSS VALUE. ADJ MASSADJ YALSRC MKT VAL
4, RU Family not Farm 98605, At (100%) SQMTX 0.2011 AC 106 9.290 1.00 1.05 A 18,140 NO
Comment: land val sel from py
18,110
Page 1 of 1 Entective Date of Appraisal January 1 Date Printed: 07/20/2012 91 21 32PM. by badan

51


Westlaw.
Vernon's Ann.Texas Const. Art. 16, § 52 Page 1

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness
Constitution of the State of Texas 1876 (Refs & Annos)
Sa Article XVI. General Provisions
= § 52. Descent and distribution of homestead; restrictions on partition

Sec. 52. On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as
other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it
shall not be partitioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or
so long as the survivor may elect to use or occupy the same as a homestead, or so long as the guardian of the
minor children of the deceased may be permitted, under the order of the proper court having the jurisdiction, to
use and occupy the same.

Current through the end of the 2013 Third Called Session of the 83rd Legislature
(C) 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

END OF DOCUMENT

© 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.


THE STATE OF TEXAS =
CouNTY OF MEDINA x 79896

WHEREAS, the undersigned Grantor and Grantees have ‘and hold
in common, a cartain 404.58810 acres of land out of Survey wo. 419,
Abstract No. 1174, H. E. & W, f, RR Co., original Grantees, said
404,58810 acre tract being the residue of'e certain 415 acre tract oon~
veyed to J. B, Ulbrich by Willie SchIents by Deed dated Pebruary 15,
1947, recorded in Volume 138, on page 612 of the Deed Records of Medina
County, Texas, and is situated abont 10 miles Jorth 16° west of Hondo,
Medina County, Texas; said 404,58910 acres of land being the same pro~
perty devised to the undersigned Grantor and Grantess under the Will of
Jack B. Ulbrich, Sr., deceased; and

WHEREAS, the Grantor and Grantees herein each own an undivided
one-fifth (1/5) interest in and to said tract of land; and

WHEREAS, the Grantor and the Grantees herein desire to make parti~
tion of said €04.58810 acre tract of land;

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: ‘hat I, JACK T.
ULBRICH, JR., joined by my wife, MARY ULBRICH, of Medina County, Texas,
for and in consideration of the premises, and to effect such partition,
have GRANTED, CONVEYED AND CONFIRMED, and by theses presents do GRANT,
CONVEY AND CONFIRM, unto LAVERWE ULBRICK BAISH, of Dallas County, Texas,
SHIRLEY ULBRICH TAMHANT, of Bexar Comty, Texas, DOUGLAS J, ULARICH, of
Bexar County, Texas, and DOMNTE ULBRICS GROVF, of Medina County, Texas,
all of my undivided right, title and interest in and to the following
described tract of land in Medina County, Texas; to-wits

320 acres of land out of Survey No. 419, Abstract No. 1174,

H. EB. & W. T. BR Co., original Grantee, and all of that

certain 404.58810 acres of land described as f s

404.58810 acres of land, cut of survey Ko.’ 419, Abst. 1174,

B-E. & W.T. RR Co., original Grantes., Said 404.59810 ecxe

tract being the residue of a cer 415 acce tract conveyed

to J. BE. Ulbrich from Willie Schlents by Deed dated reb. 15

1947 and recorded in Vol, 138 an Page 611 of the Deed Records

of County, Texas, and is situated about 16 miles ¥

16° W of Hondo, Nedina County, Texas; said 404.59810 acres of

land being further described by uates and bounds as follows:

BEGINNING at a 5/8" iron pin by comer post, from which the

60 vo2142P 7344


04-12-00514-CV

On August 6, 2012, Douglas filed a “Motion to Enter Order on Motion to Reconsider Entry
of Partial Order and to Enter Final Order on Application and Verified Affidavit of Douglas J.
Ulbrich, Surviving Spouse, to Set Aside Exempt Property Including Homestead and Separate
Property Pursuant to Texas Probate Code Section 271” and set the matter for a hearing. On August
10, 2012, the probate court again held a hearing. At the beginning of the hearing, the probate court
stated, “Wait a minute. I’ve got this February 13th order. And it says, orders that on August 22,
2010, the homestead of Ulbrich, deceased, and you know, Consuella, was 3939. I mean, I said it.
How many times do I [have] to say it?” Douglas’s counsel again argued that the February 13, 2012,
order was not an appealable order. The parties then discussed which personal property should be
exempt. One of the adult children, Debra K. Byrd, testified that five vehicles owned by Douglas
and Consuella were purchased after their marriage. She also testified about the value of personal
property owned by Douglas and Consuella. Douglas then testified about what he considered to be
his personal separate property and what community personal property he wanted to claim as
exempt for his personal use. At the end of the hearing, the parties and the probate court again
discussed whether the February 13, 2012, order was a final order and whether res judicata applied
as a result. That same day, August 10, 2012, the probate court signed two orders. The first one,
“Order Awarding Exempt Property,” stated the following:

On August 10, 2012, came on to be heard Douglas J. Ulbrich’s Application and

Verified Affidavit of Douglas J. Ulbrich, Surviving Spouse, to Set Aside Exempt

Property Including Homestead and Separate Property Pursuant to Texas Probate

Code Section 271, and premises considered, the Court:

The Homestead:

ORDERS that the homestead located at 3939 Starhill, San Antonio, Texas

shall be set aside for the benefit of Douglas J. Ulbrich as the surviving spouse
homestead.

-10-


Designation of Homestead

Date: April 11, 2021
Affiant/Cliamant: Douglas J. Ulbrich
Current Record Title Holder of Property: Douglas J. Ulbrich

Property: 160.00 Acres out of Survey No. 419, Abstract No. 1174,

H.B. & W.T. RR Co., original Grantee, Medina County,
Texas.

Title to the above described property is vested in Claimant.
Pursuant to section 41.005 of the Texas Property Code,

Clajmant designates the Property as Claimant and Claimant's family
homestead.

Dougie 3. Gbrich

STATE OF TEXAS )
COUNTY OF MEDINA )

This instrument was acknowledged before me on th ,
2011, by Douglas J. Ulbrich.

/

tary Public, State of 8
My commission expires: f

PREPARED IN THE OPPICE OF:
AFTER RECORDING RETURN TO

Thomas J. Rothe, P.c.
1510 Avenue M, Suite 101
Hondo, Texas 76861

Tel; (830) 741-4241

Fax: (830) 426-4142

Designation of Homestead - Page Solo 14-77\Douglas\DoH

Y¥O2011P8350

88 VO2Z2142P1312

9130


TAXES AND LIENS. The following provisions relacng we the taxes and liens oc the Property ase pert of this Deed
of Trust Payment. Grantor shell pay when duz (and t all eveaes prior to Gelinqnency) sil taxes, special taxes,
assessments, charges (locioding water and sewer}. fines and impositions levied agsinst or on scxoset of @e
pay whea doe all claims for work dome on or for services rendered or casterta! furnished to the
Property. Grantor shall maintain the Property {ree of ali Hens baving priorisy over or eqea 10 tbe interes of
Lender under this Deed of Trast, except for the Tien of aes and astessments not doe and except as ocherwise
provided in this Deed of Tras.
Right to Comes. Grantor may withbold payment of aay tx, assessmeat, or claim in coanectioa with & good
fath dispete over the obligation to pay, 0 long ae Lender's imerest in the Property is not jeoperdiaed. if 8
lien arises or is filed as a resuk of nonpayment, Grantee shall wichta fifteen (15) days after the Len arises or, if
4 Ben is fied, within fifteen (15) days after Gramor has notice of the Sting, secure the diecharge of the lien, or if
Tequested by Lender, deposit with Lender cach ox 3 sufliclest corpisate sarety bord or other securky satisfactory 10
Lender in an amount sufficlest to dtscharge the tien plas way costs and Lender's teatoneble attorneys! fres, or
other charges thet could accrue as 3 result of a forechostre or sale under the Isea. in any costesl, Geamsor shall
Getend itself und Lender and shail satisfy any adveme jodgment belore enforcement against the Properry.
Gresaor shall nesae Lender 23 an addikional obtiges under say sorety boud farnished im ibe commer proceedings,
Evidence of Payment, Grantor shail wpon demeod fumish 10 Lander satisfactory evidence of payment of the
taxes oF setessmenss and shell authortee the appropeiate governmental official 10 deliver to Lender at eny time
a writen statement of the taxes and aesenements Cd

request
of Lander furnish w Lender advance assurances sacistactory 10 Lender that Graator can and will pay the cost of
sock improvements.

LENDER'S EXPENDITURES. If Grantor fails (A) t0 keep the Property free of all cxxes, liens, security imereses,
encmmbronces, snd other claims, or (B) 10 make repairs to the Property then Leader may do so. If any action
on proceeding ls commenced that would mtaserisily affect Lender's interes le che Property, then Leader on
Grantor's bebalf may, bet is not required to, take amy action tha Loader believes wo be appropriate 10 prowect
Lender's interescs. All expenses paid by Lender for suck purposes will then bear interest at the Nowe rate frou
the date paid by Lender to the date of repayomemt by Grantor, To the extert permied by applicable law, all
such expenses will become a part of the Indebtecacss and, st Lender's option, will (A) be payzble on
demand; (B) be added wo the balance of the Now and be apportionsd among and be payable with any installanent
payments to became due during either (1) the teren of any applicable insurance policy; or (2) the remaining term.
of the Note; or (C) be teased as 2 belioos payment which will be due aad payable ot the Nose's maturity. The
Deed of Trust also will secure payment of these smsounts. The cights provided for In this paragraph shall be in
addicion to any other rights or any remedies to which Lander may be ecticled on account of exy default. Any
soch action by Lander shall not be construed 25 curing the defmalt 20 a8 10 bar Lender from any rewoedy tat it
otherwise would have had.

WARRANTY; DEFENSE OF TITLE, The following provisions relating to ownerthip of the Property are a part of
this Deed of Trust:

Tile. Grantor warns that: (2) Gramaoe holds good and mackecabie tthe of record 10 the Property ia fee almple,
(ree sad clear of all Less and excumbrances offer tam those set forth ta the Raal Property description or in any ticke
insurance policy, tite report, or final dle opinion bewed ie levor of and accepted by, Lender ia connection wish this
Deed of Trust, and (b) Grantor has the full right, powes, and auchority to execete and deliver this Deed of Trust 10

CERTIFICATE

The page to which this cartfieste le affliad may have been altered te react confidential personal informatio, but
{2 otherwise « full, true and correct copy of the original om fie sad ef record in my office °
ATTPSTED:

GERARD C. RICKHOFF

COUNTY CLERK

BEXAR COUNTY, TEXAS

BY: 101314
Deputy Dete
70 VOZ142P1354



— VeSaELE

DEED OF TRUST

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARB A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THES INSTRUMENT
BEFORE IT 1S FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMEER.
THIS DEED OF TRUST ' dated Jammary 17, 2013, among Douglas J. Ulbrich, whase address is 5740) FM
482N, Houdo, TX 78861 ("Gracecr"); Wayne and Mary Halt; whose midvers is 9281 Nelson Road, San Anson,
TM (returned to below sometimes 25 “Beneficiary” aod Lacen Galvan, whose addres is 5730 Verbera, San Antonio,
TX 782A) (referred w below as “Trossex”).
CONVEYANCE AND GRANT. For valeable consideration, Gasntor commeye 10 Truster is west, wih power of sale, for
the benefit of Lender as Beneficiary, the fofiowing described real propesty, exqarber wh all exiaing or subsequently
crected or effized balidings, improvements and fixtees; and oll ensmments, rights of wey, and appurtenances; oll water
sod wacer rights; and at caber rights, royale, and profie miming 1 the real pacpasty, iciading witout Imation sch
‘gies 2 Geanaor cy have in al minerals, ol, ge, geodheamel and similar caoners, (tbe “Real Property”) locared in
BEXAR Counry. State of Texas:

All of Grameor's 50% undivided interest ia kis residence locasad a 3939 Scarhill, San Antonio, Texas
78238, further described as Loc 8, Block 2, New City Block 13675, Peirfleld Subdivision, Unit #4, within the
conporate limits of the City of San Antonis, Bexar Comey, Texan, secortiog to 2 plat thereof recorded in Vol.

Em
‘ndchaaneas secured by this Deed of Trust as ¢ becomes due, and Borrower sed Grantor shall seicly pecform all her
respective obligations under the Note, ibis Daed of Trax, and the Releted Documents,

PURPOSE OF LOAN. The Nowe ja the amount of $25,000.00 represents, ln pert of in whole, ca or otber Saancial
acconmodations acwwaced or commited by Lender 10 Barrower ct January 17, 2013 at Grantors request, of which
Grantor hereby ackaowledges receipt,

POSSESSION AND MAINTENANCE OF THE PROPERTY, Bosower asd Grantor agee that Borower’s aod Grantor's
Possemtion sad use of the Property shell be governed by the folioering provisions:

Possession and Use. Until the occurence of an Event of Default, Gramsor say (1) remain in possession snd control of

1

sock 15007 tage 1408 L8pgs

CERTIFICATE
‘De page to which thin certificate is afftued may have been altered te redact fidential
inf
Ss ctberwie » Full true and correct copy ofthe original oa file sad of record lo my offen ormation ot

ATTESTED:

GERARD C. RICKHOPF
COUNTY CLERK

BEXAR COUNTY, TEXAS

ys 1DAB-1Y
Date

Deputy
68 VO2142P1352



Lender's reasonable attorueys' fees and Lender's whether or not there Js a lawsuit, Including
Leader's reasonable aetorneys’ fees and expenses for wo modify or
vacate eny miiomatic stay or lajnction), appeals, aed any aaticipeed collection services, the
cost of searching records, obraining tle reports (Including foreciosure reports), surveyors’ reports, end
‘appraisal fees, tithe insurance, and fees for the Truswe, 10 the extent permirnad law. Gramsor 280
‘will psy any court costs, in addition to all other sams provided by law, In the event of foreclosure of this Deed
Of Trast, Lender shall be entitted to recover from Borrowes or Grantor wocoeys’ fees and

Powers of Trustee. iz addition to all powers of Trustee arising as a matter of sw, Trustee shall have tbe
power to take the following actions with respect to the Property upos the written request of Leader sod
Geantor: (2) Join In preparing and filing 2 masp or plot of the Real Property, inclading the dedication of sees
x other rights to the pobitc; (b) Joln ia granting asy exsemest or cresting any restriction oc che Real Property;
ad (¢) Join in any sobordination or ocher agreement affecting this Deed of Trust or the interest of Lender

Obligacions to Notify. Trustee shall not be obligated wo woufy any ocker Uenbolder of the Property of the
commencensent of 4 foreclosure proceeding or of the commencement of any other action to which Lender may
vail itelf a6 a remedy, eacept to the extest required by applicable law or by written agreement,

Trustee. In addition to the rights and remedies set Sordh above, with respect to all or any pert of the
Property, the Trawee shall have the right 10 foreciowe by notice and sale, aad Lender will lave the right t0
ipxecese by Jodiclal foreclosure, in ether cae ia accordance wiih wad 1 the full exeat provided by applicable

Substitute Trustee. Leader, a Lender's opcton, froma time 10 time, aad more than once, may appolat in writing &
SRCCESSOr oF subetione trance, with or witkoet couse, Inclaling the esiguaion, abeence, death, iabffiry, rebel or
faikure w act of the Trusame, The successor or substionte tractee may be appolued wishoot ever mqpiring tbe resignation
Of the fooner trustee and without any formality except for tee enecetiens and ackaowiecignent of the appoisement by
the benediciary of this Deed of Trust. The successor or sobetiane wemee shell then saccted to all rights, obligations,

7

CERTIFICATE,

‘The page to which this certificate ls afflzed may have been altered to redact confidential personal information hut

| otherwise 2 full, true and correet copy of the original on file aad of record in my oiTice,

ATTESTED:

GERARD C. RICKHOFF

COUNTY CLERK

BEXAR COUNTY, TEXAS

BY: A 10-13-14
Deputy ‘Date

74 VO2142P1358


Gerard Rickhoff

COUNTY CLERK # BEXAR COUNTY

BEXAR COUNTY COURTHOUSE
100 DOLOROSA, SUITE 104
SAN ANTONIO, TEXAS 78205

CERTIFICATE

STATE OF TEXAS §

COUNTY OF BEXAR §

|, GERARD RICKHOFF, COUNTY CLERK OF BEXAR COUNTY, TEXAS, DO HEREBY
CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE OFFICIAL.
PUBLIC RECORDS OF REAL PROPERTY OF BEXAR COUNTY, TEXAS, NOW IN MY
LAWFUL CUSTODY AND POSSESSION AS SAME APPEARS OF RECORD FILED IN:

votumE 154.8 pace_ 1498

THIS COPY MAY HAVE BEEN ALTERED TO REDACT CONFIDENTIAL PERSONAL.
INFORMATION AS REQUIRED BY TEXAS GOVERNMENT CODE 552.147,

IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE

GIVEN IN THE CITY OF SAN ANTONIO, BEXAR COUNTY, TEXAS, ON THIS 43 wh .
Day OF Ogtoben AD, 20 44

GERARD RICKHOFF
COUNTY CLERK
BEXAR COUNTY, TEXAS

BY: Edn Cun, M oe
ene Deputy ity Clerk

ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP.

FAMILIAL STATUS OR NATIONAL ORIGIN IS INVALID AND UNENFORCEABLE UNDER
FEDERAL LAW,

78 VO2142P1362


Bexar CAD - Property Details

Page 2 of 3
Total Tax Rate. 2.760314
__ Taxes wiCurrent Exemptions: $2,886.05
lo Exemptions: $2,686.06
improvement / Building
Improvement #1: Residentiai StateCode: Al Living Area: 1408.0 sqft Value: $79,200
Type Description Class CD Exterior Wall Year Built SQFT
A Living Area A sB 1966 1408.0
AG Attached Garage A 1966 3770
oP Attached Open Porch A 1966 116.0
PAC Terrace with cover A 1966 3750
Land
# Type Description = Acres Sqft EffFront Eff Depth Market Value Prod. Value
1 RES _R/1 Family not Farm Single 0.2011 8760.00

“120.00 sa110 8

Roll Value History

Year Improvements _ Market Ag Valuation [Appraised _

H8Cap Assessed

2015 NA Ni WA NIA
2014 $88,530 "0 | 106,840 $0 $106,840
2013 $87,240 ° . 0 105,350 $0 $105,360
2012 $79,200 ” $18,110 0 =~ —s87,310 $0 $97,310
2011 $79,840 $18,110 t) 97,950 $0 $97,950
2010 "$82,410 $18,110 Q 100,520 7) $100,520

Deed History - (Last 3 Deed Transactions)

# Deed Date Type Description Grantor Grantee Volume Page Deed Number

2015 data current as of Oct 6 2014 1:51AM.
2014 and prior year data current as of Oct 2 2014 11:06AM
For property information, contact (210) 242-2432 or (210) 224-8511 or email.
For website Information, contact (210) 242-2500.

i Database last updated on: 10/6/2014 1:51 © 2014 True Automation, Inc. All Rights
Website version: 1.2.2.2 aM Reserved. Privacy Notice
This site only supports intemet Explorer 6+, Netscape 7+ and Firefox 1.5+.

http://www.bead.org/clientdb/Pro -aspx?prop_id=532405 10/11/2014
perty asp: Ps

6 YO2142P1350


APPELLEES APPENDIX

EXHIBIT 2



Bexar CAD - Property Details Page | of 2

Bexar CAD

Property Search Results > 532405 ULBRICH DOUGLAS J for Year 2014

Property
Account . a
Property ID: 532405 Legal Description: NCB 13675 BLK 2 LOT 8
Geographic ID: 13675-002-0080 Agent Code:
Type. Real
Property Use Code: 001
Property Use Description: Single Family
Location -
Address: 3939 STARHILL 552C8
SAN ANTONIO, TX 78218
Neighborhood: FAIRFIELD/VILL N -SOUTH Map ID;
Neighborhood CD: 98605
Owner . _
Name: ULBRICH DOUGLAS J Owner ID; 2731786
Mailing Address: 3939 STARHILL DR % Ownership: 100.0000000000%
SAN ANTONIO, TX 78218-2436
Exemptions: HS, OV6S
Values

(+) Improvement Homesite Value: + $79,840
(+) Improvement Non-Homesite Value: + so
(+) Land Homesite Value: + $18,110
(+) Land Non-Homesite Vatue: + $0 Ag/ Timber Use Value
(+) Agricultural Market Valuation: + 0 wo
(+) Timber Market Valuation: + $0 $0
(=) Market Value: = $97,950
(-) Ag or Timber Use Value Reduction: — $0
(=) Appraised Value: = $97,950
(-) HS Cap: - 0

—_—_.

(2) Assessed Value:

g
8

Taxing Jurisdiction

Owner: ULBRICH DOUGLAS J
% Ownership: 100.0000000000%
Total Value: $97,950

Entity Description Tax Rate Appraised Value Taxable Value. Estimated Tax
06 BEXAR CO RD & FLOOD 0.030678 $97,950. $94,950 $29.13
08 SARIVER AUTH 0.017370 $97,950 $87,950 $16.28
09 ALAMO COM COLLEGE 0.141623 $97,950 $67,950 $96.24
10 UNIV HEALTH SYSTEM 0.276235 $97,950 $97,950 $270.57
11 BEXAR COUNTY 0.296187 ” "397,950 $47,950 $142.03
21 CITY OF SANANTONIO 0.565690 ‘$97,950 $32,950 $186.40
55 NORTH EASTISD 1.402800 $97,950 $59,620 $836.41
CAD BEXAR APPRAISAL DISTRICT 0.000000 $97,950 $97,950 $0.00
http://www. bead. org/clientdb/Property.aspx? prop id=532405 10/11/2014

VO2142P 1349


ng Mppealed to the
. Court af Appeals for 4" Eistriet of Texas al-Sap Antonio ; Texas

ney fit A S):
Name PHIETP M. ROSS
Address 1006 HOLBRO@K ROAD
SAN ANTONIO, TX 78218
Telephone no. (210)'328-2160
Fax no. N/A

o  ..

Delivered to the Court of Appeals forthe _4TM District of Texas, at io, Texte
on the 24TM day of OCTOBER, 2012. Ne

. rN 8
xs OF

GERARD RICKHOPF 4 x

Clerk, Probate: Court No. 1 ct a _

of Bexar County, * =

~~ 23 =

Dares ad

Appettate Court Causs No.
Filed in the Court of Appeals for the Pa District of Texas, at:San Antonio, Texas
this ___ day of , 2012.

, Clerk
Deputy

By

87 VO2142P13171


Fourth Court of Appeals
San Antonio, Texas

MEMORANDUM OPINION
No. 04-12-00514-CV
IN THE ESTATE OF Consuella Perkins ULBRICH, Deceased
From the Probate Court No. 2, Bexar County, Texas
Trial Court No. 2011-PC-0686
Honorable Tom Rickhoff, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Catherine Stone, Chief Justice
Karén Angelini, Justice
Rebeca C. Martinez, Justice

Delivered and Filed: September 18, 2013
AFFIRMED IN PART; REVERSED AND REMANDED IN PART

This is an appeal from an order awarding. exempt property for the surviving spouse
pursuant to section 271 of the Probate Code. Douglas J. Ulbrich, the surviving spouse, appeals
from the order. On appeal, he argues that (1) the probate court erroneously determined that res
judicata and collateral estoppel applied to this case; (2) the probate court “erroneously denied [his]
application to designate his rural homestead as his probate homestead” pursuant to section 271;
(3) the probate court “erroneously denied [his] application to set aside exempt property including
homestead and exempt personal property for his use and benefit as surviving spouse pursuant to”
section 271; and (4) there is insufficient evidence to support the probate court’s finding that his

San Antonio home is his probate homestead pursuant to section 271. We affirm in part, and reverse

and remand in part.


NO. 2011-PC-0686
IN THE ESTATE OF § IN THE PROBATE COURT

CONSUELLA PERKINS ULBRICH, NUMBER 1 (0n transfer from Probate #2)

§
§
DECEASED § BEXAR COUNTY, TEXAS

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

On the 5TM day of November, 2014, came on to be heard the Motion for Summary
Judgment filed by the Heirs of the Estate of Consuella Perkins Ulbrich, Robert Hope, Darlene
Wilson, and Debbie Byrd; and, after hearing the argument of Counsel, the Court:

GRANTS the Motion for Summary Judgment;

FINDS, as a matter of law, that at the time of death of Consuella Perkins Ulbrich, the
Homestead of Decedent existed at 3939 Starhill, San Antonio, Texas;

FINDS, as a matter of law, that the Texas Constitution’s Survivor Homestead granted to
Douglas Ulbrich, surviving spouse of Conseulla Perkins Ulbrich, deceased, existed at 3939
Starhill, San Antonio, Texas;

FINDS, as a matter of law, that Douglas Ulbrich has voluntarily abandoned and
discontinued use of the Texas Constitution’s Survivor Homestead located at 3939 Starhill, San

Antonio, Texas;

FINDS, as a matter of law, that Douglas Ulbrich cannot transfer the Texas Constitution’s

Survivor Homestead to any other property;

Signed: Vee iy Por GN 2014

UDG: IDING

oF 21H 4P 1963


APPELLEES APPENDIX

EXHIBIT 10



APPELLEES APPENDIX

EXHIBIT 11



ELELAZHIZ0A

Bexar Appraisal District

PROPERTY 532405 R OWNER ID
kegal Description 412248
NCB 13675 BLK 2LOTS
OWNERSHIP.
100.00%
13675-002-0080
SITUS 3939 STARHILL
GENERAL
UTILITIES LAST APPR 248-LCH
TOPOGRAPHY LASTAPPR. YR = 2008.
ROAD ACCESS LASTINSP. DATE 03/01/2001
ZONING R5 NEXT INSP, DATE.
NEXT REASON
REMARKS 2008 REVAL; MADE ADJUSTMENTS TO

CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH
NBHD 376/CAV

BUILDING PERMITS
ISSUE DT PERMITTYPE PERMITAREA ST PERMIT VAL

SALEOT PRIGE GRANTOR DEEDANFO

SUBD: 813675 100;00% NBHD:98605 14.00%

TYPE DESCRIPTION MTHO CLASS/SUBCL AREA UNIT PRICEUNITS
tA Living Area Ri ASB 1,408.0 59.04
AG Gar ADD ASB 377.0 22.44
or. ‘Attached Ope ADO ANO 116.0 1276

Tarrace wi ADO ASB 375.0 17.68
1. Biee90: BO STCDLAT

100,00%. NBHD:98805

100.00%  ..
ue CLS TABLE SC HS

SUBD: $13675

PeScRIPTON METH
4. RM Famdy not Fann 88606 At Y (100%) SOMTX

Comment land val set trom py

Page 1 of 1

0.2011 AC

Effective Dale of Apprarsal Jaruiary 4

PROPERTY APPRAISAL INFORMATION 2006
ULBRICH DOUGLAS J &
CONSUELLA
5740 FM 462 N
HONDO, TX 78861-6921 US

ACRES: .0000
EFF. ACRES:

APPR VAL METHOD: Cost

SKETCH for Improvement #1 (Residential)

2%
[em Ay &
{

LANGANFORMATION ... iRR Welle: 0 Capacity: 0
ADL
108 0,200 1.00 100 A

49

Date Printed 7/20/2012 01.27 21PM

Entities
06 1
08 1C
09 1C
10 1c
" 1c
2 10
55 10
cao 10

IRR Acres: 0
MET VAL
aie “Sage

by badan


04-12-00514-CV

as Douglas’s homestead.” We: therefore reverse the probate court’s order to the extent that it
designates and sets aside the San Antonio. home as Douglas’s homestead, and remand the cause
for the probate court to rule on Douglas’s section 27 | application regarding homestead.

Douglas also complains of the probate court’s order to the extent that it awards personal
property as exempt. He states that he “claims a lot of exempt personal property, much of it
associated with his farm and ranch homestead.” He “submits that there should be no need to spend
much time and money inventorying and appraising the personal property in this case because most
of it is exempt and should be set aside for his use and benefit.” (emphasis added). However,
Douglas never specifies which personal property should have been set aside as exempt by the
probate court or why the probate court erred in failing to set it aside. Therefore, Douglas has
improperly briefed the issue and waived any complaint with respect to the probate court’s failure
to set aside certain personal property as exempt pursuant to section 271. See TEX. R. App. P. 38.1(i).

CONCLUSION

Because the February 13, 2012, order was not an appealable order, we reverse and vacate

the probate court’s Order Finding Res Judicata and Collateral Estoppel Apply. And, because there

was no evidence to support the probate court’s finding that the San Antonio residence should be

? Although the attorneys and the probate court discussed the case at the February 3, 2012, hearing, such discussions
are not evidence in this case. See generally Banda v. Garcia, 955 $.W.2d 270 (Tex. 1997). Both parties in their briefs
also cite to affidavits attached to pleadings filed in this case in support of their factual assertions. However, these
affidavits were not introduced as evidence at trial. Finally, in support of factual assertions made in his brief, Douglas
cites to a formal bill of exceptions he filed on September 24, 2012, which was after the final hearing on August 10,
2012. See TEX. R. APP. P. 33.2. In his formal bill of exceptions, he claimed that the probate court prevented him from
entering additional evidence into the record “at the hearing on August 22, 2012, when the court denied his request to
testify and offer documentary evidence on his motion to reconsider the court’s order dated August 10, 2012, awarding
certain exempt property.” That is, Douglas did not argue that he was prevented from submitting evidence at trial.
Instead, in his formal bill of exceptions he argued that the probate court “prevented him from offering relevant
evidence in support of his motion to reconsider the Order dated August 10, 2012.” Thus, in support of the factual
assertions made in his brief, Douglas improperly cites to the documents, photographs, and video attached to his formal
bill of exceptions. The primary purpose of a bill of exception is to include excluded evidence in the record so that an
appellate court can determine whether the trial court erred in excluding it, See Mack Trucks, Inc, v. Tamez, 206 $.W.3d
572, 577 (Tex. 2006). Douglas makes no complaint in his brief that the probate court erred in excluding any particular
evidence. Thus, the formal bill of exceptions is not relevant to any issue brought by Douglas in this appeal.

-17-


SZELAZHIZ0A

Bexar Appraisal District

PROPERTY 522408 R OWNER ID
1 Descri 412248
13678 8k” 2 LOTS

OWNERSHIP
100.00%
13676-002-0080
SITUS 3939 STARHILL
GENERAL

UTILITIES LAST APPR. 224-XXX

TOPOGRAPHY LASTAPPR. YR 1996

ROAD ACCESS LAST INSP. DATE 01/11/1996

ZONING RS NEXT INSP. DATE

NEXT REASON

REMARKS 2009 REVAL; MADE ADJUSTMENTS TO.
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH
NBHD 376/CAV

BUILDING PERMITS
ISSUE DT PERMITTYPE PERMITAREA ST PERMIT VAL

SALEOT = PRICE GRANTOR OEED INFO

i Type
tA
AG
oP

PAC

‘SUBD:.$13675 100.00% NBHD:98606. 100.00%
CLS TABLE

PROPERTY APPRAISAL INFORMATION 1998
ULBRICH DOUGLAS J &
CONSUELLA
5740 FM 462 N
HONDO, TX 78861-6921 US

ACRES: .0000
EFF, ACRES:

APPR VAL METHOD: Cost
SKETCH for Improvement #1 (Residential)

ees

PAC ay
wos ut

7 4s Noe 2
H
|

LAND INFORMATION —IRR.Welis:0 Capacity: 0
AD MASSADJ YAL SRC

DESCRIPTION $C HS METH DIMENSIONS
RR Family not Farm At ¥ (100%) 0.2011 AC 125.00

Page 1 of 1

Effective Date of Appraisal Janwary 1 ‘ate Printed 07/20/2012 01 20 97PIA

4

Entities

06 10
08 106
08 106
10 10%
"1 106
21 100
55 106

IRR Acres: 0

9,600

by bavan


Fourth Court of Appeals
San Antonio, Texas

JUDGMENT
No. 04-12-00514-CV
IN THE ESTATE OF Consuella Perkins ULBRICH, Deceased

From the Probate Court No. 2, Bexar County, Texas
Trial Court No. 201 1-PC-0686
Honorable Tom Rickhoff, Judge Presiding

BEFORE CHIEF JUSTICE STONE, JUSTICE ANGELINI, AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, the probate court’s Order Awarding
Exempt Property is REVERSED to the extent it finds and sets aside the house located at 3939
Starhill, San Antonio, Texas as the surviving spouse homestead. The probate court’s Order
Awarding Exempt Property is AFFIRMED to the extent that it awards exempt personal property
to Douglas J. Ulbrich and other personal property to the heirs, Robert Hope, Darlene Wilson, and
Debra Byrd. This cause is REMANDED for the probate court to rule on Appellant Douglas J.
Ulbrich’s section 271 application with regard to homestead.

Further, the probate court’s Order F: inding Res Judicata and Collateral Estoppel Apply is
REVERSED AND VACATED. Costs of appeal are taxed against the party incurring same.

Katte Oneal.

Karen Angelini, Juste

SIGNED September 18, 2013.



NEEL ZAI ZOA

Bexar Appraisaj District
PROPERTY 632406 R OWNER ID ULBRICH DOUGLAS J & 06 «
Legat Description 412248 CONSUELLA 08 x
NCB 13675 BLK 2LOT8 ER 5740 FM 462 N od te
ono” HONDO, TX 78861-6921 US a tc
21 AC
ss 1
13675-002-0080 ACRES: .0000 CAD iG
EFF, ACRES:
SITUS 3939 STARHILL APPR VAL METHOD: Cost
GENERAL SKETCH for Improvement #1 (Residential)
UTILITIES LAST APPR. 248-LCH
TOPOGRAPHY LASTAPPR. YR 2007 ra
ROAD ACCESS LAST INSP. DATE 03/01/2001 j i
ZONING RS NEXT INSP. DATE |
NEXT REASON ey!
Ge
i
REMARKS 2009 REVAL; MADE ADJUSTMENTS TO
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH
NBHD 376/CAV
i {
BUILDING PERMITS. 8 iin us a
ISSUE OT PERMITTYPE PERMITAREA ST PERMIT VAL Hoe "|
SALEDT PRICE GRANTOR SDHEO INFO I. i
SUBD:.919676 100.00% NBHD:98605 —_148:00% IMPROVEMENT-INFORMATION ‘
it TYPE ogg agg NS BART SEE COND YALUE OSPR PuS EcGN FUNG COMP ans aqiveuuE
i ABS, ‘sro BST fee eek oom 100% {8k 100% 387 Base
OP, Ailacted i360 12:75 1908 1970 A 100% 300% 100% 100% 067 ‘900
C Terrace rik 978 & 100% 100% 100% 100% 067 2.930
3... Bidege: 00... . . . voce BED,
SUBD: 813876... 100.00% NBHD:98405; ... .110.00% UANDINFORMATION —1AR Wells. Capacity. 0 IRR Acoma: 0.
Le CLS TABLE SC HS METH GROSS VALUE 8DJ MASSADJ VAL SRC MKLVAL AG APPLY
1. R/1 Family not Farm 98605 At Y (100%) SOMTX 0.2011 AC 1.06 9.280 1.00 140 A 13,000 NO
Comment: land val set from py
“3,000
Effective Date of Appraisal. January 1 Date Panted 07/20/2012 04:71 277M by badan

Page 1 of 1

PROPERTY APPRAISAL INFORMATION 2007 Entities

50


04-12-00514-CV

matter jurisdiction is more like a prelude than a finale.” Jd. “It certainly does not dispose of a claim
that, if asserted independently, would be the proper subject of a lawsuit.” Jd. Moreover, the
supreme court explained that “the trial court’s order was interlocutory because it did not dispose
of all parties or issues in a particular phase of the proceedings.” /d. at 579. “Because an order
denying a plea to the jurisdiction and refusing to remove an executor does not end a phase of the
proceedings, but sets the stage for the resolution of all proceedings, the order is interlocutory.” Jd.

In support of their arguments, both parties cite Majeski v. Estate of Majeski, 163 S.W.3d
102 (Tex. App.—Austin 2005, no pet.). In Majeski, the decedent’s adult daughter and surviving
spouse had a dispute over a tract of land owned by the decedent before her marriage and on which
she and her spouse lived and worked. Jd at 104. The decedent’s surviving spouse claimed a
homestead right, while her adult daughter argued that the rental of portions of the property defeated
the spouse’s homestead rights. /d. After an'inventory of the estate was filed, the surviving spouse,
claiming a life estate in the property as the decedent’s surviving spouse, sought a judgment
declaring the tract of land, including any improvements, rental properties and business on the tract
of land, to be his homestead. Jd. at 105. The decedent’s adult daughter countered, asking the court
to determine what portion of the property was the surviving spouse’s homestead, and also asking
the court to declare “the value and character of all items of personal property” and what assets
should be given to the spouse as the decedent’s surviving spouse. Jd. She also asked the court to
deduct from the spouse’s share of the estate “the value of all assets not accounted for which were
in his possession.” Jd. Both sides then moved for summary judgment on the issue of the homestead
status of the property. Jd. The trial court granted summary judgment in the adult daughter’s favor,
finding that the surviving spouse’s homestead did not consist of the entire tract of land, but only a
portion of the land. /d. The surviving spouse appealed, and the adult daughter argued that the trial

court’s order was interlocutory and not an appealable order. Jd. The adult daughter emphasized

-14-


PRoB §270

PROBATE CODE

CHAPTER VIII.

PROCEEDINGS DURING ADMINISTRATION

§§270- 271

*

(5) the refinance of a lien against a homestead, in-
cluding a federal tax'lien resulting from the tax debt of
both spouses, if the homestead is a family homestead,
or from the tax debt of the decedent;

(6) an extension of credit on the homestead if the
requirements of Section 50(a)(6), Article XVI, Texas
Constitution, are met; or

(J) ateverse mortgage.

Histoty of Prob. Code §270: Acts 1955, 54th Leg.,p. 88, ch. 55, eff Jan. 1,
1956. Amend&d by Acts 1979, 66th Leg., ch. 24, §1, eff. Aug. 27, 1979; Acts 1999,

‘76th Leg.,ch. 487, §1 (eff. Sept. 1, 1999), ch. 855, §9 (eff. Sept. 1, 1999). Source:
‘TRCS art. 3499.

"4" ANNOTATIONS ©

Laster v. First Huntsville Props. Co., 826 S.W.2d
125, 130 (Tex.1991). “[H]omestead protection ... can
arise only in the person or family who has a present
possessory interest in the subject property. Accordingly,
one who holds only a future interest in property with no
present right to possession is not entitled to homestead
protection in that property.”

Connor Bros. v. Williams, 112 $.W2d 709, 711
(Tex.1938). “While the homestead may not be sold for
payment of general debts of the estate, it may be sold
for the payment of a debt secured by a valid lien against
it, and the exclusive jurisdiction for making the sale of
the homestead for such latter purpose, while adminis-
tration is pending, is in the probate court.”

Harms v. Ehlers, 179 S.W.2d 582,583 (Tex.App.—
Austin 1944, writ ref'd). “‘{U]pon the death of a judg-
ment debtor and an administration upon his estate, a
judgment for a debt only, without the foreclosure of any
lien property, ceases to have the usual force of a judg-
ment, and becomes merely a claim to be established in
the same manner as other claims for money.”

Sutton v. Lewis, 176 S.W.2d 765, 767 (Tex.App.—
Fort Worth 1943, writ ref'd). “If thé fiomestead is sold
for the purpose of paying a debt secured by a lien
against it, and if the property is sold for more than
enough to satisfy the lien, the excess must be paid to
the administrator, who is the only person authorized to
receive it. He then holds it subject to the lawful claims
of those who may be entitled to it.”

PROB §271. EXEMPT PROPERTY
TO BE SET APART

(a) Unless an affidavit is filed under Subsection
(b) of this section, immediately after the inventory, ap-
praisement, and list of claims have been approved, the
court shall, by order, set apart:

294 O'CONNOR'S PROBATE CopE

(1) the homestead for the use and benefit of the
surviving spouse and minor children; and

(2) all other property of the estate that is exempt
from execution or forced sale by the constitution and
laws of this state for the use and benefit of the surviv-
ing spouse and minor children and unmarried children
remaining with the family of the deceased.

(b) Before the approval of the inventory, appraise-
ment, and list of claims:

(1) asurviving spouse or any person who is autho-
rized to act on behalf of minor children of the deceased
may apply to the court to have exempt property, includ-
ing the homestead, set aside by filing an application and
averified affidavit listing all of the property that the ap-
plicant claims is exempt; and

(2) any unmarried children remaining with the
family of the deceased may apply to the court to have all
exempt property other than the homestead set aside by
filing an application and a verified affidavit listing all of
the other property that the applicant claims is exempt.

(c) An applicant under Subsection (b) of this sec-
tion bears the burden of proof by a preponderance of
the evidence at any hearing on the application. The
court shall set aside property of the decedent's estate
that the court finds is exempt.

History of Prob. Code §271: Acts 1955, 54th Leg, p. 88, ch. 55, eff. Jan. 1,
1956, Amended by Acts 1979, 66th Leg., ch. 24, §2, eff. Aug. 27, 1979; Acts 1993,
Tard Leg., ch. 846, §18, eff Sept. 1, 1993; Acts 2005, 79th Leg,, ch. 551, §4, eff.
Sept. 1, 2005. Source: TRCS art. 3485.

See also Jamieson, Creditors’ Claims & Allowances in Decedents' Estates,
Building Blocks of Wills, Estates & Probate, State Bar of Texas CLE, ch. 5.1
(2009),

VU NNNOTATIONS:

Bolton v. Bolton, 977 S.W.2d 157, 159 (Tex.App.—
Tyler 1998, no pet.). “We conclude that during adminis-
tration of an estate, the surviving spouse can retain
possession of tangible exempt personal property under
the ‘use and benefit’ provision of the [Probate] Code,
but when the administration terminates, the dece-
dent's interest in these items must pass to his heirs or
devisees.”

Ward v. Braun, 417 S.W.2d 888, 891 (Tex.App.—
Corpus Christi 1967, no writ). “Under §271, ... all the
exempt property of the estate should be set aside for
the use of the widow herein. The fact that she owns
other property in her separate right does not affect the
matter...”



APPROVED AS TO FORM:
KRISTINE ARLITT, pLLC

By:

Kristine Arlitt, Attomey at Law
Texas Bar Number 24034117
206 East Locust Street

San Antonio, Texas 78212

PO Box 90771

San Antonio, Texas 78209

Telephone: 210-821-6101
Cellular: 210-269-6101
Facsimile: 210-821-6105

Attorney for the Heirs, Robert Hope, Darlene Wilson, and Debra Byrd

Philip M. Ross

Attomey at Law

Texas Bar Number 17304200
1006 Holbrook Road

San Antonio, Texas 78218
Attorney for Douglas Ulbrich

William Bailey

Attorney at Law

Texas Bar Number

1100 NW Loop 410, Suite 700

San Antonio, Texas 78213

Court Appointed Temporary Administrator

VOZIHEP IT 9b4


releasing Granor from the obligations of tats Deed of Trost or Ibility under the Indeboednes.

‘Tim 6 of the Essence. Thaw is of the easunce in the perfomance of this Deed of Trust.

DEFINITIONS. The following words shail have the thliowing meanings when used in this Deed of Trust:
Beneficiary. The word “Beneficiary” eens Wayne and' Mary Hole, aad their soccesoes and amigas.

Borrower. The word "Borrower means MARY Y. DAHLMAN. and tachades all co-signers and co-makers signing
the Now,

Deed of Trust. The words “Deed of Trust” mean this Deed of Tratt among Grane, Lender, aed Trome, and iaclades
without imiartion al sathgnasent and security lateres: proviaices relating to the Perscual Property and Rests.

‘Event of Defack. The words “Eweot of Defaait” mean any of the events of detzult set forth in chis Deed of Trust
in the events of deans section of this Deed of Trost.

Groneoe, The word "Grarsor* means Douglas J. Ulich,

Goareecy. The word “Gaaraacy* meens the guaranty from guarantor, endorser, suzety, or accommodacion parry
to Lender, lnctuding without liniimtion x gsarmaty of all or pact of the Note.

Hazardous Subwumcer. The words “Hatardoos Subseamces” mesa mauriais that, beouwe of their quatiry,

include without Heiation any sod all banardous or toxic sehetmacts, camariais or weer ms defined by or listed weer
the Eavironmesanl Lines, The term “Haserdows Sabmances” slap tacdades, without Yenleion, panciewn and pewoleess
by-products or any fection thereof sed asbestos.

Tmmprovemencs. The word “lesprovements” meens oll exising ancl fanee expeonesnency, buildings, sractares, mobile
‘homes afte on che Real Property; facitces, editions, reytacements and other construction on the Real Property.
Indebeednass. The word “tadebaadiness” mesms 2H patacpel, iatecest, and other smcunts, costs sad expenses
paysble under the Nowe or Related Documents, together with al! renewals of, extemions of, wodificecicss of,
consolidations of and subetiestions for tee Note or Retated Docume and any aecceme expended or advencad by
Lender 1 discharge Grams obligations cr expanses. lacemed by Tranee or Leader 10 enkace Graran'y chligatioas
‘nder this Deed of Tras, together wick beret on such neous as jeovided in this Dead of Trev.

Lender. The word "Lander" menos WAYHE and MARY HALE, tar sacomeccs and ancigas. The words “successors
Or ancigns” meen any person or company that acquires amy Setereat in the Note.

SSD ae ec a ee ated mar] 17, 2033 ln the oigial prepa scot of
‘$25,000.00 from Borrower to Lendess, together with al renewals of, extensions of, of, refinancing of,
consolidations of sad substiaaloes for the promimory mote or agreement.

Personal Property. The words “Personal Property” meus all equipmest, fixtures, and ocher asticies of persomal

Property. The word “Property” means collectively the Real Propeny ead the Personal Property.

bee hopery . The words “Real Property” meen dhe real property, tuerects and rights, 2 further described lx this,
Dred of Trost.

Related Documents. The words “Relaved Documents” mea all promissory notes, credit agreements, loon
prements, eaviroamental agreements, guernedes, socacky apeement, mortgages, deeds of tux, security
deeds, collmeral mortgages, and alt other instrmmmenes, agreements and docements, whetber now or bervefter
existing, executed in commection with the lndaibeadness.

Rents, The word “Rents” means all prusamt and fatere rents, revenmes, income, lasues, royeities, profica, aad
other benefits derived frows the Property.

Trostee, The word “Trosiee” means Laors Galvan, whose ackiress is 5730 Verbena, San Antonio, TX 78240
and any substinwe or successor trustecs.

9

SC CERTIFICATE
(EX The page (o which this certificate a xfftzed may have been seared te redact confidential parvonal information bat
ee a otherwise « fal, true and correct copy of the origisal om le mad of record in my office.
WY ATTESTED:
GERARD C. RICKFIOFF
COUNTY CLERK

BEXAR COUNTY, TEXAS

By: (D134

Deputy

76 VO2142P13b0


04-12-00514-CV

Counsel for heirs: It affects our people because — they would like to settle up the
estate. There were — there’s 160 acres total in Medina County at the ranch. 80 acres,
I don’t think anyone contests that the first 80 acres was inherited by the Ulbrichs
from his family.

Court: Okay. And is that — I mean we know which 80 acres that is?

Counsel for heirs: We don’t know that yet.

Court: You will.
The court continued its questioning and eventually asked Douglas’s counsel if he could have
Douglas “draw me the first 80 [acres] and the second 80 [acres on here].” As the court was looking
at a plat of the ranch, the reporter’s record of the hearing abruptly concludes with the probate court
stating, “Here, let’s stay off the record.”

On February 13, 2012, the probate court signed the following order:

PARTIAL ORDER ON DOUGLAS J. ULBRICH’S APPLICATION AND
VERIFIED AFFIDAVIT OF DOUGLAS J. ULBRICH, SURVIVING
SPOUSE, TO SET ASIDE EXEMPT PROPERTY INCLUDING
HOMESTEAD AND SEPARATE PROPERTY PURSUANT TO TEXAS
PROBATE CODE SECTION 271

CAME TO BE HEARD on the 3rd day of February 2012, Douglas J.
Ulbrich’s Application and Verified Affidavit of Douglas J. Ulbrich, Surviving
Spouse, to Set Aside Exempt Property Including Homestead and Separate Property
Pursuant to Texas Probate Code Section 271, and after hearing the arguments of
counsel and reviewing the evidence presented, in part, the Court:

FINDS that Consuella Perkins Ulbrich, deceased, died on August 22, 2010.

FINDS that at the time of her death, Consuella Perkins Ulbrich, deceased,
was married to Douglas J. Ulbrich. ,

FINDS that at the time of her death, Consuella Perkins Ulbrich, deceased,
did not have any minor children.

ADJUDGES, DECREES AND ORDERS that on August 22, 2010, the
homestead of Douglas J. Ulbrich and Consuella Perkins Ulbrich, deceased, was
3939 Starhill, San Antonio, Bexar County, Texas.


TEELAZHIZOA

Bexar Appraisal District PROPERTY APPRAISAL INFORMATION 2004 Entities

PROPERTY 632405 R OWNER ID ——_ULBRICH DOUGLAS J & oe
Legal Description 412248 CONSUELLA be
NCB 13675 Gk 2LOT8 wmersip S740 FM 482 N % }
oO
MbGCen” — HONDO, TX 78861-6821 US hood
5
13675-002-0080 ACRES: .0000
EFF, ACRES:
SITUS 3939 STARHILL APPR VAL METHOD: Cost
GENERAL SKETCH for improvement #1 (Residential)
UTILITIES LASTAPPR. 248-LCH .
TOPOGRAPHY LASTAPPR YR 2001
ROAD ACCESS LAST INSP. DATE 03/01/2001
ZONING R5 NEXT INSP. DATE

NEXT REASON

REMARKS 2009 REVAL: MADE ADJUSTMENTS To
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH
NBHD 376/CAV

BUILDING PERMETS
ISSUE OT PERMIT TYPE PERMITAREA ST PERMIT VAL

SALEDT PRICE ~ GRANTOR DEED INFO

SUED: S13876
* LA ving a
oy
Riadied Gi

GB Atcnes See

PAC Terrace
SUBD: 813675 100.00% NBHD:98605 ~ 100,00% LAND INFORMATION IRR Welt: 0 Capectty-0 RR Acre: 0

a. METH DIMENSIONS UNIT PRICE GROSS VALUE ADJ MASSADJ VALSRC MKT VAL AGAPPLY
eRe SEN am as esos FFroox) SQ 8,760,000 SQ 125.00 F 9200 NO
Comment: land val set from py
9,200

Page 1 of 1 Effective Date of Appraisal. January 1 Date Panted: 07/20/2012 01 21.10PM by badan

47


Transcript — Hearing of 1/11/2011

Kristie Artlitt:. You say you have two homes, one is the Starhill home in San
Antonio and the other one is the ranch in Hondo outside of Hondo

Mr. Ulbrich: Yes, yes

Kristie Artlitt: Do you homestead either one?

Mr. Ulbrich: I homestead one, and I stay at the other one.
Kristie Artlitt: Which one do you homestead?

Mr. Ulbrich: It is uh, on 3939 Starhill.

Kristie Artlitt: The San Antonio, one, okay, alrighty.

Mr. Ulbrich: I get mixed up.

Kristie Artlitt: I pass the witness,

Judge excuses the witness.

83 VO2142P1361


AFFIDAVIT

STATE OF TEXAS

MMM

COUNTY OF BEXAR

I, MONIKA HAEGELIN, certify that I transcribed the attached
portion of the hearing of January 11, 2011, held in the Medina County Court
at Law, in Cause Number 7970, In the Estate of Consuella Perkins Ulbrich,

Deceased.

I further certify that I personally picked up a copy of the Disk from
the County Clerk’s office in Hondo, Texas and that said disk has not been
tampered with.

I further state that the portion I transcribed was in 4:26:03 PM — Mrs,

Arlitt — re cross examination of 6" witness Douglas Ulbrich is true and

correct and is done verbatim.

MONIKA HAEGELEN
SUBSCRIBED AND SWORN TO BEFORE ME by the said
MONIKA HAEGELIN, this 3/_ day of Liastalags, 2012.

Beane Zo
® Seace Of Foxes ~.
RO) ees

Notary Publi, State of Texas

85 VO2142P73bq


APPELLEES APPENDIX

EXHIBIT 9



8ZELAZHIZOA

Bexar Appraisal District

PROPERTY 532405 R OWNER ID
Logat Description 412248
NCB 13675 BLK 2LOT8
OWNERSHIP
100.0%
13675-002-0080
SITUS 3939 STARHILL.
GENERAL
UTILITIES LAST APPR. 248-LCH
TOPOGRAPHY LASTAPPR. YR 2004
ROAD ACCESS LAST INSP. DATE 03/01/2001
ZONING RS NEXT INSP. DATE
NEXT REASON
REMARKS 2009 REVAL: MADE ADJUSTMENTS TO

CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH

NBHD 376/CAV
BUILDING PERMITS

ISSUE DT PERMITTYPE PE! AREA ST PERMIT VAL
SALEOT = PRICE GRANTOR DEED INFO.
SUBD: $13875 100.00% ' NBHD:08605 100.00%
cc mee

KS Someag

QP conw seg P.

PAC conv seg TY2
.,, Bidode: DO
SUBD: 313675 100,00% -NBHD:98605 100.00%
ut CLS TASLE $f HS METH
1. RA Family not Farm AT ¥(100%)
Page 1 oft

Etlective Date of Appraisal: January 1

PROPERTY APPRAISAL INFORMATION 2001
ULBRICH DOUGLAS J &
CONSUELLA
5740 FM 462.N
HONDO, TX 78861-6921 US

ACRES: .0000
EFF. ACRES;

APPR VAL METHOD: Cost
SKETCH for Improvement #1 (Residential)

tac

a

i i
iia: °> seem
|
: |
a i
Roy }
er im a

LAND INFORMATION... inf. Weits: 0 Capactty: 0
UNIT PRICE GROSS VALUE ADJ MASS ADY MAL SRe

0.2011 AC 12:

Oate Printed. o7zufeviz ut wu L4bM

44

Entities
06 1

09 «
10 rT
1" 1c
21 1
55 1

IRR Acres:
MKT VAL Ac agrly

9,200

by bacan


a. The Estate of CONSUELLA PERKINS ULBRICH, Deceased,
owns a Twenty-Five percent (25%) undivided community interest in
the real property located at 5740 FM 462, North Medina County,
Texas, consisting of approximately 160 acres of rural land, mineral
rights, and water rights,

b. DOUGLAS J. ULBRICH, owns a Twenty-Five percent (25%)
undivided community interest in the real property located at 5740 FM
462, North Medina County, Texas, consisting of approximately 160
acres of rural land, mineral rights, and water rights.

c. DOUGLAS J. ULBRICH, owns a Fifty percent (50%)
undivided separate property interest in the real property located at
5740 FM 462, North Medina County, Texas, consisting of
approximately 160 acres of rural land, mineral rights, and water

rights.

Findings of Fact ~ Personal Property

15. WILLIAM D. BAILEY, the Court appointed Temporary
Administrator of the Estate of CONSUELLA PERKINS ULBRICH, Deceased, has
been unable to file a complete Inventory and Appraisement for the reason that
DOUGLAS J. ULBRICH, the surviving spouse, has failed and refused to provide
the Court Appointed Temporary Administrator with an Inventory of the assets of

the estate and/or an accounting of the income of the Estate of CONSUELLA
PERKINS ULBRICH and DOUGLAS J. ULBRICH. The Court Appointed
Temporary Administrator has made numerous requests for such Inventory and
Accounting of the Estate’s income on three (3) different attorneys DOUGLAS J.
ULBRICH has been represented by over the past two (2) years.

4

oa ¥UL099P1299


04-12-00514-CV

On February 3, 2012, the probate court held the hearing, and Douglas’s counsel told the
court the “purpose of the hearing today is to consider Mr. Ulbrich’s application and verified
affidavit as surviving spouse to set aside exempt property including the homestead and separate
property pursuant to the Texas Probate Code section 271.” Counsel for the heirs then informed the
probate court that “we'd like to invoke the rule when taking testimony.” The probate court asked,
“Okay. And are we going to take testimony?” When counsel replied, “Possibly,” the probate court
replied, “Well, let’s talk about it first.” Then, instead of taking testimony, the probate court merely
questioned Douglas’s counsel and the heirs’ counsel, and the respective lawyers presented
arguments to the court:

Court: Okay. So Starhill [the San Antonio residence] had a — it was purchased
during the marriage, right?

Counsel for Douglas: Yes, Your Honor.

Court: Okay. And there was a homestead exemption attached to it at some time,

right?
Counsel for Douglas: For tax purposes.

Court: Okay. Well, for whatever purpose. And then he claimed that as his
homestead in some kind of proceeding up in Medina County. Or did he?

Counsel for Douglas: I wasn’t at the hearing, but I have seen an excerpt from the
transcript where he was asked by Ms. Arlitt if the house in San Antonio on Starhill
was his homestead and he said yes.

Court: Well, it doesn’t matter what he said. Was it his homestead or wasn’t it his
homestead? How long — since 07 was it declared a homestead or what? Was it ever
declared a homestead?

Counsel for Douglas: It was not declared a homestead by affidavit or filing any
designation of homestead in the deed records. He told the tax office he wanted to
claim the San Antonio house as his homestead for tax purposes.

The probate court continued to ask questions of Douglas’s counsel about the ranch in Medina

County. The following then occurred:


04-12-00514-CV

BACKGROUND
Consuella Perkins Ulbrich died intestate on August 22, 2010, survived by her husband,
Douglas J. Ulbrich, and her adult children from a previous marriage (“the heirs”). At the time of
Consuella’s death, she and Douglas owned 160 acres in Medina County and a home in San
Antonio, Texas. The administrator of Consuella’s estate filed the underlying probate action in
Medina County, Texas. However, the Medina County court transferred the case to Bexar County.
On January 17, 2012, Douglas then filed in Bexar County probate court an “Application and
Verified Affidavit of Douglas J. Ulbrich, Surviving Spouse, to Set Aside Exempt Property
Including Homestead and Separate Property Pursuant to Texas Probate Code Section 271.” In his
application, Douglas requested that the probate court set aside the Medina County ranch, “his rural
homestead,” as exempt property for his use and benefit. He also requested the following personal
property be set aside as exempt property for his use and benefit:
(1) home furnishings including family heirlooms;
(2) provisions for consumption;
(3) farming and ranching vehicles and implements;
(4) tools, equipment, books and apparatus used in a trade or profession;
(5) wearing apparel;
(6) jewelry not to exceed 25% of the aggregate limitations prescribed by section
42.001(a);
(7) two firearms;
(8) athletic and sporting equipment including bicycles;
(9) his 2001 Ford van;
(10) the following animals and forage on hand for their consumption:
(A) two horses, mules or donkeys, and'a saddle, blanket and bridle for each;
(B) 12 head of cattle;
(C) 60 head of other types of livestock including goats and deer; and
(D) 120 fowl; and
(11) household pets.
Douglas also claimed as exempt property (1) survivor benefits and rights in funds on deposit in

joint bank accounts; (2) items in his safe deposit box; and (3) his seven-tenths undivided interest

in a house located in Hondo, Texas. Douglas set the application for a hearing.

-2-


04-12-00514-CV

that the trial court’s order was not appealable because it did not address the requests in her counter-
petition relating to the other assets held by the surviving spouse. /d. The court of appeals disagreed,
explaining that the “only dispute at issue at this stage of the probate proceeding was the homestead
status of the property.” Jd. at 106. According to the court, although the adult daughter “asserted
claims related to other assets, those questions were separate from the homestead issue.” /d.
Because the “trial court’s order made a final resolution of the homestead issue as to the entire tract
of land,” the court held that the order “concluded a discrete phase” of the proceedings, and was
final and appealable. Jd.

The heirs cite Majeski for the proposition that a trial court’s order with regard to a
property’s homestead status is an appealable order even though other property issues remain
undecided. However, this case is distinguishable from the facts in Majeski. In Majeski, the
surviving spouse filed his application pursuant to section 271 of the Probate Code in an effort to
exempt the tract of land as his homestead. Jd. at 105. He did not also in his section 271 application
seek personal property to be exempt. See id. Instead, it was the adult daughter who filed a
counterclaim asking the court to declare “the value and character of all items of personal property”
and what assets should be given to the spouse as the decedent’s surviving spouse, and to deduct
from the spouse’s share of the estate “the value of all assets not accounted for which were in his
possession.” /d. Thus, in Majeski, the only dispute at issue with regard to the surviving spouse’s
section 271 application was the homestead status of the property. See id. at 106.

Here, however, Douglas sought to exempt both his homestead and personal. property
pursuant to section 271. Section 271(b) allows a surviving spouse to apply to the probate court “to
have exempt property, including the homestead, set aside by filing an application.” Tex. PRoB.
CODE ANN. § 271(b) (West Supp. 2012) (emphasis added). Thus, when the probate court ruled on

the homestead issue, it decided only part of Douglas’s section 271 application to have property set

-15-


04-12-00514-CV

Court: Okay. There’s no trace.

Counsel for Douglas: There’s no denial that 80 acres of the ranch was community
property during the marriage.

Court: Oh, okay. Well, that straightens it out. Okay. What do you want to see
happen today?

Counsel for Douglas: I would like to see the court rule that Mr. Ulbrich has the right
to designate his rural homestead as the probate homestead.

Court: The Bexar County homestead?

Counsel for Douglas: No, Medina County homestead. His rural homestead, the 160
acre ranch.

Court: Why would I get involved in Medina County property?
Counsel for Douglas: Because you have jurisdiction over the parties and the estate.
And Mr. Ulbrich filed a designation of homestead in Medina County in April of
last year. And then he filed an affidavit this last month designating his 160 acre
Medina County homestead as his rural homestead. And we want the court to
recognize that that designation is effective as to his right to claim a life estate in the
homestead that he and his wife had designated previously and that he was free to
choose to designate after her death.
The heirs’ counsel responded that while the Ulbrichs had a residence at their Medina County ranch,
they “had always homesteaded at the home here in San Antonio.”

Court: Now is that something official that was sent to authorities and everything?
The homestead in San Antonio?

Counsel for heirs: Yes. That was filed [at the] Bexar County Appraisal District, and
Mr. and Mrs. Ulbrich designated the house on Starhill in San Antonio for many
years, took full tax advantage —

Court: Okay. Fine.

Counsel for heirs: -- took all the advantages.

Court: And now he wants the ranch in Medina County.

Counsel for heirs: And it —

Court: And how does that affect your people?

-5-


APPELLEES APPENDIX

EXHIBIT 14



2 The Order dated August 10, 2012, styled “Order Finding Res Judicata
and Collateral Estoppel Apply” concluded the principles of Res Judicata and
Collateral Estoppel apply to the Order dated February 13, 2012, which was not
timely appealed.

3. The Order dated August 10, 2012, and styled “Order Awarding
Exempt Property” is well founded in law pursuant to:

“Probate Code §272. TO WHOM DELIVERED

The exempt property set apart to the surviving spouse and

children shall be delivered by the executor or administrator without

delay as follows:
c. If there be children of the deceased of whom the
surviving spouse is not the parent, the share of such children in
such exempted property, except the homestead, shall be
delivered to such children if they be of lawful age...”

4. Neither of the parties are judgment debtors entitled to relief pursuant
to TEX. R. APP. P. 24.1.

5. All property of the ESTATE OF CONSUELLA PERKINS
ULBRICH, deceased, is presumed to be community property. TEX. FAM. Cope
§3.003.

6. All income derived from earnings and separate property of a spouse is
deemed to be community property of the spouses. TEX. FAM. CODE §3.002.

7. All property acquired during marriage is presumed to be community
property. TEX. FAM. CODE §3.003.

8. The surviving spouse’s homestead tight is to the continued use of the
homestead as it existed at the time of the death of the husband or wife. Good v.
Good, 293 S.W. 621, 623 (Tex. 1927).

vas %82999P 1292


2011-01-31 02:44 ERIC BARNETT ATTY 7969600 >> 821 6105 P 2/4

7 Doc# 2961
De ed Se Vol. 143 Page 838
3 Be/iS/ZOLL 182400

a

No.7970

IN THE ESTATE OF § INTHE COUNTY COURT
3

CONSUELLA PERKINS ULBRICH, § OF
i
§

DECEASED MEDINA COUNTY, TEXAS

ORDER OF TRANSFER TO BEXAR COUNTY, TEXAS

On January 11, 2011, came on to be brand Movants’, Robert T. Hope, Brenda Darlene
Wilsan, and Debra Xay Byrd, Application to Determine Heirship and Application for
Administration; and after considering the testimony and svideuce prowented to the Court mid the
argument of counsel, (He Court:

FINDS the county of residence of Consuela Perkins Ulbrich, deceased, st tha time of her
death was Bexar County, Texas,

FURTHER FINDS that Cause Number 7970, Jn the Estate of Consualla Perkins Ulbrich,
deceased, is a proceeding to determine heirship,

FURTHER FINDS thar venus of Cause Number 7970, In tha Estate of Consuella Parking
Ulbrich, deceased, is Bexar County, Texas, pursuant to Tex. Prob, Cade §§6, 48,

ORDERS that Cause Number 7970, Jn the Zstate of Consuella Perkins Ulbrich,
deceased, \s hereby transferred to Bexar County, Texas,

ORDERS that the Clerk of tho Court is to transfer to Bexar County, Texas, the filo,
transoript, evidanoe, record, statement of fact, and all documents relating to Cause Number 7970,
In the Estate of Consuella Perkins Ulbrich, deceased, to the Probate Court, Bexar County, Texas,

ORDERS thar the wort ofthe tranafer shal be tnod an costo the admnistatiooottidls, 7

We GOS LSR-ObZ DIT VSY AVIVRIA Wd SHO St-uRr Og

$019 28-92 DIT Fi-g SuS-% We £2 Ese


NO. 2011-PC-0686
IN THE ESTATE OF § IN THE PROBATE COURT

CONSUELLA PERKINS ULBRICH NO, 2

monn

DECEASED BEXAR COUNTY, TEXAS

AFFIDAVIT FOR ADMISSION OF BUSINESS RECORDS
——_—_eeet SSISION OF BUSINESS RECORDS

Before me, the undersigned authority, Personally appeared Barbara Marie Adan, who.
being by me duly sworn, deposed as follows:

My name is Barbara Marie Adan, | am of sound mind, capable of making this affidavit,
and personally acquainted with the facts herein stated:

| am the custodian of the Tecords of Bexar Appraisal District. Attached hereto are 45

Pages of records from Bexa | District. These said 15 pages of records are kept by
Bexar Appraisal District in the regular course of business and it was the regular course of

business of Bexar Appraisal District for an employee or representative of Bexar Appraisal
District, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the

SWORN TO AND SUBSCRIBED before me on the 20 day of r ju \y 2 . 2012,

Notary oe State exas

Notary’s printed name:

Somh Yanez

My commission expires:

October 72,2015

SARAH YANEZ
Notery Public, State of Texas
My Commission Expires
October 02, 2015

39 VOZ142P1323-


No. 04-14-00812-cVv

IN THE COURT OF APPEALS FILED IN

FOR 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
THE FOURTH SUP ICIAL DISTRSGE 4:30:33 PM

SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk

IN THE ESTATE OF CONSUELLA PERKINS ULBRICH,
DECEASED

DOUGLAS J. ULBRICH, Appellant
v.
ROBERT HOPE, DARLENE WILSON, and DEBRA BYRD,
Appellees

APPELLEES’ APPENDIX

EXHIBIT NUMBER DOCUMENT

1 Fourth Court of Appeals Memorandum
Opinion entered in The Estate of
Consuella Perkins Ulbrich,
deceased, Appeal Number 04-12-
00514-CV, dated September 18, 2013

2 Bexar Appraisal District Homestead
Designation 1998-2011 for 3939
Starhill, San Antonio, Texas;
Douglas Ulbrich Letter to Bexar
County Appraisal District dated
April 7, 2011, changing Homestead
Designation from 3939 Starhill,
San Antonio, Texas, to Medina
County property; Business Records
Affidavit


2011-01-31 02:45 ERIC BARNETT ATTY 7969600 >> 824 6105 P 3/4

rie

sy PM -9 5 an eS ,
Fe 4 1 PM -2 2 “SSgGE REINO -——

AGREED: COUNTY CLERK Beemer 66,

Kristine Arlir, LLC

By:

KRISTINE ARLITT

Attormsy at Law

Texas Ber No, 24034117

206 East Looust Street

San Antonio, Texas 7821

PO Box 90771

San Antonio, Texas 78209

Telephons 210-821-6101

Telecopler 210-821-6105

Cellular 210-269-6101

Attorney for: Rabert T. Hope

Brand Darlene Mison
Debra Kay Byrd

Bandera, Taxes 78003-9100

Telephone: 830-796-8415

Telecopier; 830-796-9600
Attorney for Douglas J. Ulorich

GOLS-F28-Ob2 DTT Uiey aUIay We S¥40 Gb-YEr-yoe

SO:9-b28-OL2 DIT tijey Ssurysioy Wa £22) 1e-ver-..92


the East R.O.4. line of ¥.M. Highway 462 for the Horth-
west corner of this survey from which a 3/4" iron pipe found

for _ the point-of-curvature of said carve to the right bears 5
48-50-33 W 774.574 feet;

TEENCE with fence, the East R.O.W, line of ¥.M. Eighvay 462,
and along the arc of said curve to the right ha’ ja radius
of 1201.85 feet, a delta angle of 14° 23° og*, = tangent

of 151,675 feet, a distance of. 301.745 feet to 2 3/4° iron pipe
for the point~of-tangenoy of said curve>

THENCE with fence and the Zast &.0.". Lina | of FM. Me Eishaay 482
M 82-01~36 B 286,661 feet to a concrete highway mackar

angle point;

THENCE departing fence ‘and continuing along the record Rast
line of F.H. Highway 462 the following courses: W 82-16-12
B 296.548 feet to a 3/4" ixon foe = angle mts W 78-07-
45 E 201.290 feat to a concrete marker opis pointe’
a 56-29-51 EB 114.000 feet to a 3/4" iron pipe for iy ang.

W 42-27-05 B 111,500 feet to a concrete ay marker for a
angle point; N 27-21-17 E 132." 769 feat toa rer potatos
warkex: for an angle point, W 18-385@ E 62.115 f
highway marker.Yor an angle point; B 11-50-53 & 925.082. tect to
@ concrete highway marker for an oz Bn mpgs point; W 10-10-37 B 76. ‘B08
feet to a concrete highway marker for an angle point; an4, W
02-26-33 B 160.531 feet to a concrete highway marker in fence
fox an angle point;

THENCS with fence end the Bast line of ¥, M, Mighvay 462 8 02-
40-08 B 210.154 feat to a concrete highway marker for an angle
point and N 02-30-22 B 402.843 feet to = concrete highway

for an angle point;

THENCE departing the Hast line of ¥. M. Highway 462 and with
fence M 05~46-32 E 492,081 feet to a 3/6" iron pipe for an angle
pointy

THENCE with fence N 01-24-04 W 115.213 feet to a 3/4" iron pipe
for an angle point;

THENCE with fence H 31-33-42 E 46.509 feet to a 3/4" iron pipe
for thé Horth corner ot, said 404.58810 sore tract of land +
the North ‘commer of this survey)

THEWCS with fence and the Hast line of said 404.58810 acre tract
of land B 20-02-67 &. 3245.500 fost an & Y4" izon pipe set in
fence for the Southeast corner of this survey;

THENCE 8 82-29-24 W 2533.286 feet to a 3/4" iron pipe set for
the Southwest corner of this survey;

erated s oan t7e18 Ww u3t. tse eet the POLrT OF Lproenr eid as
surveys on May 18 978, Char! W. Rothe, Registered
fessional Engineer} if °

so that henceforth, said Grantees herein shall have and hold in their own
vight fall fee simple title in and to said 320 acre tract above described.

This conveyance also covers all of my xight, title and interest

im and to all ofl, gas and other minerals, including coal, lignite and

63

3.

62 VOZ2142P134b


04-12-00514-CV

The trial court then took a short break, after which discussions continued off the record until the
court recessed the proceedings.

On March 22, 2012, Douglas’s counsel filed an “Amended Application and Verified
Affidavit of Douglas J. Ulbrich, Surviving Spouse, to Set Aside Exempt Property Including
Homestead and Personal Property Pursuant to Texas Probate Code Sections 271 & 272” and set
the matter for a hearing. On April 26, 2012, the probate court held another hearing. Counsel for
Douglas told the probate court,

We’re ready to proceed on the amended motion. Let’s see — I believe it — okay. It’s

a motion to reconsider entry of partial order and to enter final order on application

and verified affidavit of Douglas Ulrich, surviving spouse, to set aside exempt

property including homestead and separate property pursuant to the Texas Probate

Code Section 271.

The probate court then questioned whether the court had already decided the matter. When
Douglas’s counsel replied that the court had not, the probate court stated, “I thought we made as
good a record as we could, and I said take it up to the Fourth Court, let them--” Douglas’s counsel
interrupted,

Our position, Your Honor, is that there is no record that — you haven’t ruled on the

motion. You did file and sign a partial order deciding that the property in San

Antonio was the homestead at the time of Mrs. Ulbrich’s death. But my position is

that that doesn’t either grant or deny the pending motion to set aside exempt

property pursuant to section 271.

The probate court replied, “Okay. Well, anyway, try and make a good record and take it up there

if you want and get it done.” After discussions with counsel about the case, the following occurred:

Court: Here, let me do this. Didn’t [Douglas] already fully testify about this
homestead thing?

Counsel for Douglas: He hasn’t testified at all. He submitted an affidavit and
verified —

Counsel for heirs: You’ve already taken testimony from him, Your Honor.

Court: We haven’t? We have or haven’t?

-8-


04-12-00514-CV

Douglas did not appeal from this order. Instead, on February 14, 2012, he filed a “Motion
to Set a Hearing on Application and Verified Affidavit of Douglas J. Ulbrich, Surviving Spouse,
to Set Aside Exempt Property Including Homestead and Separate Property, Pursuant to Texas
Probate Code Section 271.” On February 17, 2012, he filed an amended motion and set the matter
for a hearing. On March 2, 2012, the probate court held another hearing. Douglas’s counsel told
the probate court they were ready to proceed and “Mr. Ulbrich is here to offer evidence.” The
probate court then asked, “[D]idn’t we have this hearing before?” Douglas’s counsel responded,
“We set the hearing about three weeks ago, but we didn’t introduce any evidence.” Again, the
probate court asked counsel questions, and. the attorneys presented argument. At the end of the
twelve page reporter’s record, the probate court states that he is “going to let the order stand.”

On March 12, 2012, Douglas filed a “Motion to Reconsider Entry of Partial Order and to
Enter Final Order on Application and Verified Affidavit of Douglas J. Ulbrich, Surviving Spouse,
to Set Aside Exempt Property Including Homestead and Separate Property Pursuant to Texas
Probate Code Section 271” and set the matter fora hearing. He also filed a jury demand with regard
to his application. On March 20, 2012, the probate court held another hearing:

Counsel for Douglas: [W]e’re here on a motion to reconsider your partial order that

was issued stating that the homestead at the time that Ms. Ulbrich died was the San

Antonio residence. After the last hearing we had, | filed a jury demand, paid a jury

fee, set jury trial.

Court: For what?

Counsel for Douglas: For June 18th.

Court: For what?

Counsel for Douglas: To decide what the exempt property was and also to decide

the other things that were not decided by your partial order. And namely to establish

where Mr. Ulbrich’s probate homestead is going to be. And looking at your partial

order, Judge, I can’t see where it is a final appealable order. If it was a final order

on the issue of setting aside exempt property and designating the probate homestead
it could be appealed, but since you titled it a partial order —

-7-


Dreodeness. Wat's wrizen in ta Deed of Trost and In Ge Reba Docoments ie Grair’s etie present with
Leader concering the tatters covered by this Deed of Treat. To be effective. any change or anertincat i chs
Deed of Trost mex be & wrsog aad we be signed by whoever will be bound ot cligaed bythe change or
amendment.

Caption Handings. Caption headings in the Deed of Trust art fr conveaiance parpoees onty snd are not 1 be sed a0
lenerpeet oF detise he provisions Of this Deed of Trast.

Merger. There shall be co mexger ofthe newest or estate costed by this Deed of Trax with any other lnnrest or catate
Je the Property t any thee held by or for the besefic of Lande ka any capacity, without the writen consent of
Lender,

Goveraing Law. This Deed of trast will be governed by and lnasepeesed in accordance with federal lnw asd the
laws of the Saste of Texes. This Deed of Trust bas been pdepted by Lender im the Seate of Texas.

(Choice of Veane. If tere is a laweut, and H the tramaaction evidenced by this Deed of Tre occured in Beur
Comey, Grartcr agrees npen Landers request to subunit te jartecion of the cots of Bexar County, Sune of
Teas,

Jolat wed Several Litility. All obligations of Borower and Cantor under this Deed of Tras shall be joist sad
several, and all eferences to Gracaor shal mean eoch and very Granasc, and ali references to Borrower shall seen
each and every Bomower. This means thet sich Borrower aad Grasior signing elow ix respoasible for af
obligations in this Deed of Trost.

No Watver by Lender. Grasanr caderaends Lender will not ve op ay of Lender's rights urier this Deed of Trust slew
Lender does 30 in writing. The fact thet Lender deleys or cals 10 cnarcise any right will not mean that Leader hes
(Gen op that right If Leader does ageee in weiting to gfe wp one Gf Land’ rights, tht does not mean Grantor wil
‘not Barve to comply with the other provisions of fils Deed of Twast, Grantor also wndentands thet if Lender does
COnseet 1p 4 reqoest, et does nox meee that Grantor will act have 10 get Lender's convent agai If the slastion happens
agpln. Graotc farther understands thet Jost becaue Lender conseass 10 one ot more of Grascr’s reqoams, fat does not
tmeen Lender will be reqaived to crmeent 1o any of Grantor's sare requests. Grantor walves presesenew,, demaad for
Payment, protest, nocice of dishonor, notice Gf iesent to secelerate, and notice of acceleration.

Payment of Inerest wid Fees, No mater what else may be sand In any ether provision of dhs Deed of Trest or in
07 ctber docensest Gemmcr mary have with Leader, Grantor does at agyre or iend to pay, and Lender does not agree
x kena! 10 charge any Jeerest or tee for the Indebtecaws which would in any wey come Lender to contre! ke,
charge cr calact more fr the Indiacar tam the momen Lander would be persed io charge x coBact by my
‘applicable federal or Texas stase law, ‘Any sock wrcess intwest or saaetbcrioed foe wil be applied fit 10 rece tbe
\opald pricipal balance of tae ladebtedanms, 202 when te petcgal ta boon guid Ds fal, be veleaded © Grantor.
Severability. If cot find thet any provision of this Dead of Trust is wot vad or shonid ct be enforced, that fact
by elf will not moun thet the rest of this Deed of Trae wil moe be valid or anforoad. Thesesore & cont wil exiorce
the reat ofthe provisions ofthis Deed of Truce even if. provision of ibial Deed of Trust my be found a> be ievalid
Or unenforceable.

Soccessors and Assigas. Subject 10 any Henications scsrd in this Deed! of Trast cn ranster of Gress leterest this
Deed of Tres stall be binding upon are ae 1 ihe bout of the pats, tek sccumcrs and aacigas K crmerthip cf
the Property becomes vested i 4 perio other han Gaavtrr, Lender, without sotice 1 Gm, may Geel via Grasar's
succemors with reference io this Deed of Trest and the Iadebdess by wep of forbearance or extension withoot

CERTIFICATE
(ER The pate to which this certificate i affixed may harve been pitered te redact confidential perronal infarmestion bert
SN) ie otherwise a full true and correct copy ofthe orighaal om fle and of record Io my office
Wey ATTESTED:

GERARD ©. RICKHOFF

COUNTY CLERK
AR COUNTY.

BY:

(AS 4

. TEXAS
Deputy

VO2142P 7359

75


APPELLEES APPENDIX

EXHIBIT 4



9. A surviving spouse has a right to a life estate in the homestead
claimed by the decedent at the time of the decedent’s death. If the surviving
spouse elects to abandon the survivor homestead, the homestead right dissolves.
Good v. Good, 293 S.W. 621, 623 (Tex. 1927).

10. A party can have only one (1) homestead at a time. Panhandle
Construction Co., v. Continental Southland Savings and Loan Association, 110
S.W. 2d 632, 634 (Tex. Civ. App. 1937); Grimes v. Cline, 300 S.W. 235, 236 (Tex.
Civ. Ap;p. 1927)..

ll. A party cannot have both a rural and an urban homestead at the same
time. R.B. Spencer & Co. v. Green, 203 S.W. 2d 957, 959 (Tex. Civ. App. 1947).

12. A conveyance of an estate of inheritance, a freehold, or an estate for
more than one year, in land and tenements, must be in writing and must be
subscribed and delivered by the conveyor or by the conveyor’s agent authorized in

writing. TEX. PROP. CODE §5.021

SIGNED on__ (© Doe ya

JUDGE PRES G

FILED

DEC 10201

SERARO RiiKitee
PROBATE CO

INO. 2
iS
By;

V¥02099P 1293

247


OEELdZHIZ0A

PROPERTY APPRAISAL INFORMATION 2003

Bexar Appraisal District
PROPERTY 532405 R OWNER ID ULBRICH DOUGLAS J &
Legal Description 412248 CONSUELLA
NCB 13675 BLK 2LOT8 OWNERSHI 5740 FM 462 N
ip
100.00% HONDO, TX 78861-6921 US

13675-002-0080 ACRES: .0000

EFF. ACRES;

APPR VAL METHOD: Cost

SITUS 3939 STARHILL
SKETCH for Improvement #1 (Residential)

GENERAL

UTIUTIES LAST APPR. 248-LCH a _

TOPOGRAPHY LASTAPPR. YR 2001 z77

ROAD ACCESS LAST INSP. DATE 03/01/2001 i
ZONING RS NEXT INSP. DATE

ees

NEXT REASON

REMARKS 2009 REVAL; MADE ADJUSTMENTS TO.
CONDITION ANO EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH f
NBHD 376/CAV t

“ BUILDING PERMITS
ISSUE OT PERMITTYPE PERMITAREA ST PERMIT VAL

8

21 1

j i
SALEDT PRICE GRANTOR DEEDINFO * u | :
SUBD: S13678,,.__,.109:00% —NBHD:98605
ee Hie ep
ASB “oO
ASB 3
1 AL. ~82,900,
SUBD: 313076 100,00%.. NBHID:98605 + 100.00% LAND.INFORMATION ARR Wella: 0, Capacity: 9 IRR Acres: 0
CLS TABLE SC HS METH DIMENSIONS GROSS VALUE ADJ MASSA) YALSRC MKT VAL AGAPRLY
ba Rt Family not Ferm AT Y¥ (100%) 0.2011 AC 126.00 F 9.200 NO
9,200
Date Printed: 07/20/2012 01:21 ‘04PM by badan.

Page 1 of 1 Etfective Date of Appraisal January 1

46


64

uranium, in, on, to and under said 320 acre tract of land above des~
_ exibed,

TO HAVE AND TO HoLD said undivided interest in and to said 320
acre tract above described, together with ‘all and singular, the rights
snd appurtenances thereto in anywise belonging unto the said LAVERIE
ULBRICH RAISE, SHIRLEY ULBRICH TARRABT, DOUGLAS a ULBRICH, and BONNIS
ULBRICH GROFF, their heirs and assigns, forever; md I do hereby bind
myself, my heirs, executors and administrators to WAREANT AND FOREVER
DEFEND, all and singular, said undivided interest in and to said premises
unto the said Grantees herein, their heirs and assigns, against every
person whomscever lawfully claiming or to claim ths same or any part
thereof, by, through or under me, but not otherwise. :

EXECUTED this_Ist_ day of July, 1978.

Stach Te. Letters.

THE STATE OF TEXAS) =
COUNTY OF MEDINA. :

BEFORE KB, the undersigned authority, on this day personally
appeared JACK T, ULBRICH, JR. and MARY ULBRICH, his wife, both known to
ma to be the persons vhose names are subscribed to the faregaing instra-

ment and acknowledged to me that they executed the same for the purposes
and consideration therein pxpressed.

a
GIVEN UNDER MY HAND AND SEAL OF OFFICE this’ day of pest,
1978,

nae

FILED FOR RSGORD THE _7*h nay oF AUGUST, A. D. 1976 AT 10535 orcLocR A
RECORDED THIS THE th DAY OF AUGUST, A. D, 1978 aT 2:00 OFOLOCK P.
CORNELIA M. KOCH

OLERK COU] COURT, IMA COUNTY, TEXAS
BY: Deiege tl. Gotte DEPUTY

63 VO21%2P 1341


bZELAZHIZ0A

Bexar Appraisal District

Legal Doe, 632405 R OWNER ID
Legal Description 412248
NCB 13875 Bux 2 Lor 8
OWNERSHIP
100.00%

13675-002-0080

SITUS 3939 STARHILL

GENERAL
UTILITIES LAST APPR. 248-LCH
TOPOGRAPHY LASTAPPR. YR 2001
ROAD ACCESS LAST INSP. DATE 0301/2001
ZONING RS NEXT INSP. DATE

NEXT REASON

REMARKS 2009 REVAL; MADE ADJUSTMENTS TO.
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH
NBHD 376/CAV

BUILDING PERMITS .
ISSUE OT PERMIT TYPE PERMITAREA ST PERMIT VAL

@ALE OT = PRICE GRANTOR DEEDINEO

PROPERTY APPRAISAL INFORMATION 2002 Entities

ULBRICH DOUGLAS J & 06

CONSUELLA oe:

5740 FM 462 N °° }

HONDO. TX 78861-6921 US yt
a3
55

ACRES: .0000

EFF. ACRES:

APPR VAL METHOD: Cost
SKETCH for improvement #1 (Residential)

Boo
j i
: i
a aS 1
1
i
| !
ly a0 |
i a Xn a

SUBD: S13676 1100:00% | NBHD:98606 100.00% IMPROVEMENT INFORMATION
# TYPE GBes UNILPRICEUNITS BUILT GEE YR COND. VALUE DEPR PHYS ECON FUNC COMP ADY ADU VALUE
A Living Area 1,408.0 1966 «1979: A 67,000 TT% 1 100% 100% 67,000
AG conv tag G ‘377.0 Oo
OP_ conv seg P i180 9
PAC conv seg TY2 6
1... Bidede:.00 87,000.
SUBD: $13675 100.00% NBHD:98605 100.00% LANDINBORMATION RR Wells: 0 Capacity: 0 IRR Acres: 0
TABLE HS ‘METH QIMENSIONS UNIT PRICE GROSS VALUE ADJ MASSADJ VAL SRC MKTVAL AG APPLY
RRS iy not Farm os AT Y (400%) 0.2011 AC 125.00 F 220 “NO
9,200
Ettective Dnte of Appraisal. January 1 Date Printed 07/20/2012 01.2050PM by Dagan

Page | of 1

45


APPELLEES APPENDIX

EXHIBIT 8



04-12-00514-CV

Court: Okay. Let me get that straight. His wife passes in 2010.
Counsel for Douglas: Yes.

Court: How long were they married?

Counsel for Douglas: How long were you married?

Douglas: 45 years.

Court: I was going to say, it must be a long time. So all these kids she represents
are older than 45?

Counsel for Douglas: I believe they’re in their 50s and 60s.

Court: Well, they’d have to be.

Douglas: They’re my step-children.

Court: Yes, I got that. Okay. All right. Okay. So he inherits 80 acres in °79 from
his parents. Okay. So sometimes that’s separate property if you leave it alone and
don’t muck with it too much. And then he gets — when did he get the rest of it?
Counsel for Douglas: At the same time.

Court: Oh, he did.

Counsel for Douglas: Yeah. He bought it from his siblings.

Court: Oh, he buys it?

Counsel for Douglas: Yeah.

Court: He buys it from his siblings. How long was he married when he bought it
from his siblings?

Counsel for Douglas: What year were you married?
Douglas: ’66, I think.

Counsel for Douglas: He was married in ’66, so about 13 years he had been married
when he bought the other 80 acres of the ranch from the siblings.

Court: Can he trace separate property money to buy the other 80 acres?

Counsel for Douglas: No.


04-12-00514-CV

set aside as Douglas’s homestead, we reverse the probate court’s Order Awarding Exempt Property
to the extent it sets aside the Ulbrichs’ San Antonio residence as Douglas’s homestead and remand
the cause for further proceedings consistent with this opinion. We affirm the probate court’s Order
Awarding Exempt Property to the extent that it awards exempt personal property to Douglas and

other personal property to the heirs.

Karen Angelini, Justice

-18-


APPELLEES APPENDIX

EXHIBIT 12



srr a hinder’ tole dlcretioa wo be sufficieat to cae the defaak und thereafter consnees and complans
reascosble and necessary sufficient to prociace compliance 26 sore #3 remscnebly practical,
RIGHTS AND REMEDIRG ON DEFAULT. Wes em efDalel coses ent Be edad a ry ce
‘herouhar, Trusee or Lender may exercise any one or mose of the following rights sad readies:
Election of Remedies. All of Lender's righes and remandies will be commlative aod may be exercised aloee
oF together. An election by Leader t0 choose sary ane remedy wit! not ber Lender from using say deer remedy.
Uf Lender decides 10 spend money or t0 perfonss aay of Grantor's obligations ander this Dead of Trus, afer
Grantor's fallure to do so, chat decision by Lender will not affect Lender's right to declare Guan tn deta
and w exercise Lender’s remedies.
Accelerate lndebsedness. Lender may declare tip unpaid priacipal balance of the Indebcedness due ancl
payable. in oo eveat will Borrower or Grantor be required to pay sny unearned laterest,
Foreclosure. If Lender invokes the power of sale, Trestee, at the request of Leader, may sell all or any portion
of the Property at pablic suction wo the highesr bidder for cash at the location widiin the courthouse designated
by the Coumry Comenitsionars Court, or f m0 such ares has bees designased, at the area designated in the
notice of sale within the courtboase, between the hows of 10:00 ALM. and 4:00 P.M. om the first Tuesday of
aay taonch, afer che Trusice or its agnest has given notice of the tie and place of sale and of the property to
bbe sold as required by the Texas Property Code, as chen amended.
UCC Remedies. With respect to all or amy part of the Pastoral Property, Lender shall have all the rights and
remedies of a secored party under the Uniform Commercial Code.
Coliect Rents, As additional security for the payment of the Indebteduees, Gransor hereby abuctusely astiges to
Leader all Reocs as defined in the Definitions section of this Deed of Tras. ‘Dudil the occurrence of an Event
of Detankt, Gramor is granted a license to collect and retale the Rents; however, upon receipt from Leader of
4 notice Gat an Event of Default exists wader this Deed of Trust, Lander moy tersalaate Grantor's Ucemse, and
then Lender, as Grantor's agent, ziay collect the Rents. ie addition, if the Propecty Is vacem, Lender mzy rent
oF lease the Propesty. Lender shall not be table for iy father wo rest the Property, 10 collect any Rens, o¢ 1
be

apply the same as provided below, Payment of the purchase to Trustee shell satisfy the liability of the
(archer ot any sich sale of he Proper, and sack per wall no be bow w bet ahr de pone
the proceeds.

Appolat Receiver, Lender shall have the right to Reve a recetver sppointed io tke potsession of all or aay
pert of the Property, with the power to protect and preserve the Property, to operate the Property praceding

serving as 8 receiver.

‘Tenancy at Sufferaace, Uf Grantor remales in possession of dee Property alter te Property is sold as provided
above or Lender otherwise becomes entitled 10 possemion of the Prepeny upon default of Grammnc, Grassor
shall become a tenast at suffersace of Lender ox the parchaser of the Property and shall, at Leader's opdion,
tier (1) pay a reesooable rental for the use of dhe Property, (2) vacate the Propesty immediately upon the
Gemead of Leader, of (3) Hf such tenants refuse 10 surender ‘possession of the Property upoa demand, the
Parchaser shall be estided to iustitete and maincaia the soxrarory action of forcible entry and decaines sad
Procure 2 writ of possesion thereunder, end Grantor expressly waives all damages snuzined by reason hervct.

CERTIFICATE

Toe pate to which this certificate is affizad may have been aered te redact confideatia! pervons! information but

te otherwise « ful, true and correct copy of the original on fle nod of record in my office

ATTESTED:

GERARD C. RICKHOFF
COUNTY CLERK
BEXAR COUNTY, TEXAS,

BY: A 1D13-14
Depety Date

73 VO2142P1351


16. On or about August 10, 2012, the Court entered its Order styled

“Order Awarding Exempt Property” that, in part:
a. Found the personal property of the Estate is exempt;
b. Ordered certain items of exempt personal property to be set
aside for the benefit of DOUGALS J. ULBRICH;
c Ordered certain items of the exempt property to be set aside for
the benefit of the heirs, ROBERT HOPE, DARLENE WILSON and
DEBRA BYRD, the adult children of the Decedent from the prior
marriage;
d. Ordered DOUGLAS J. ULBRICH to make all such items
awarded to the adult children of the Decedent to be made available.

17. On or about August 23, 2012, DOUGLAS J. ULBRICH filed his
Request for Emergency Relief with the Fourth Court of Appeals. On or about
August 24, 2012, the Fourth Court of Appeals DENIED DOUGLAS J.
ULBRICH’s request citing TEX. R.APP. P. 24.1 apparently referring to the term
“Judgment Debtor” which is not the character of either of the parties in this
litigation.

18. The principals of Res Judicata and Collateral Estoppel apply to the
Order of February 13, 2012, is no longer appealable.

19. Any finding of fact that is a conclusion of law shall be deemed a

conclusion of law.

Conclusions of Law
1. The Order dated February 13, 2012, finding CONSUELLA PERKINS

ULBRICH’s homestead at the time death to be 3939 Starhill, San Antonio, Texas,

is a final, appealable order.

245 ¥O2099P 129)


APPELLEES APPENDIX

EXHIBIT 13



No. 2011-PC-9686

IN THE ESTATE OF IN PROBATE COURT

8
§
CONSUELLA PERKINS ULBRICH, § NUMBER 1
§
5

DECEASED BEXAR COUNTY, TEXAS

AFFIDAVIT OF DEBBIE BYRD

Before me, the undersigned authority, on this day personally appeared Debbie Byrd.
("Affiant”) who, being first duly sworn, upon oath states:

~My name is Debbie Byrd, and | live at_ G05 Cavan, Cragso,Texes . 1am
personally familiar with the life, family history and marital history of CONSUELLA PERKINS
ULBRICH ("Decedent"), and | have personal knowledge of the facts stated in this affidavit.

“The Decedent was my Mother, and | knew ber from my birth until her death, August 2°.
2U10. At the time of my Mother's death, her homestead was 3939 Starhill, San Antonio, Texas.

“My Mother had the following children:

a. Name: Robert T. Hope
Date of Birth: May 20, 1943
Name of Other Parent: William Henry Hope
b. Name: Brenda Darlene Wilson
Date of Birth: May 7, 1945
Name of Other Parent: William Henry Hope
°. Name: Debra Kay Byrd
Date of Birth: August 19, 1959
Name of Other Parent: William Henry Hope

“My Mother did not have or adopt any other children and did not take any other children
into her home or raise any other children.

* Further, Affiant sayeth not.”

Signed this 12" day of October 2014.

80 VO2142P 1364


LEELAZHIZOA

Bexar Appraisal District PROPERTY APPRAISAL INFORMATION 2010 Enthies

PROPERTY 532405 R OWNER ID ——_ULBRICH DOUGLAS J & 8

Legal Description 412248 CONSUELLA 98

NCB 13675 BLK 2LOT8 WNERSHip S740. FM 462.N 8

OWNERSHIP
Yoooo%” HONDO, Tx 78861-8921 US n

4
55

13675-002.0080 ACRES: .0000 cao

EFF. ACRES:
SITUS 3939 STARHILL APPR VAL METHOD: Cost
GENERAL SKETCH for improvement #1 (Residential)

UTILITIES LASTAPPR, 248-4CH - ~

TOPOGRAPHY LASTAPPR. YR — 2009 H ao

ROAD ACCESS LAST INSP. DATE 03/01/2001 i

ZONING RS NEXT INSP. DATE :

NEXT REASON ly Me ad

REMARKS 2009 REVAL; MADE ADJUSTMENTS To i
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN UNE WITH
NBHD 376/CAV

BUILDING PERMITS
ISSUE OT PERMIT TYPE PERMITAREA ST PERMIT VAL

SALHOT PRICE GRANTOR: REEDANFO

‘SUBD: $13875 100.00% .NBHD-98806 .. 19.00%
m@ TYPE

1 14
i2om Sea OE
100% 0.84 a
100% 0.64 2,30
a+ 88,260
SUBD: $43675 100,00% NBHD:98605. ...198.00% LANDINFORMATION inp. Welero- ‘Capedty: 0 IRR Acres:
TABLE SC HS METH = DIMENSIONS UNIT PRICE GROSS VALUE ADJ MASS ADJ YALSRG MKT VAL AG app!
eRe Family cot Farm os 98605 AT Y (100%) SQMTX 0.2017 AC 108 9.200 1.00 1.05 A 18.110 NO
Comment: land val set trom py ene
18,110
Page | of 1 Effective Date of Appraisa: January 1 Osta Printed 07/20/2012 01 21 40Pm by badan,

53


NO. 2011-PC-0686

IN THE ESTATE OF § IN THE PROBATE COURT
§
§

CONSUELLA PERKINS § NUMBER 2

ULBRICH
§

DECEASED § BEXAR COUNTY, TEXAS

FINDINGS OF FACT AND CONCLUSIONS OF LAW
In response to the request of DOUGLAS J. ULBRICH, the Court makes and

finds the following as original Findings of Fact and Conclusions of Law in

accordance with Rules 296 and 297 of the Texas Rules of Civil Procedure.

Findings of Fact ~ Homestead

1. CONSUELLA PERKINS ULBRICH, Deceased, died intestate on
August 22, 2010.

2. At the time of her death, CONSUELLA PERKINS ULBRICH,
Deceased, was married to DOUGLAS J. ULBRICH.

3. At the time of her death, CONSUELLA PERKINS ULBRICH,
Deceased, had three adult children from a prior marriage and no minor children.

4 The rightful heirs of the Estate of CONSUELLA PERKINS
ULBRICH, deceased, are the Decedent’s three adult children, ROBERT HOPE,
DARLENE WILSON, and DEBRA BYRD.

5. During the years 1998 through 2010, DOUGLAS J. ULBRICH and
CONSUELLA PERKINS ULBRICH, deceased, designated the residence located at
3939 Starhill, San Antonio, BEXAR COUNTY, Texas, 78029, as their homestead.

6. On the date of death of CONSUELLA PERKINS ULBRICH, August
1

“Pos W02099p12g17 @


BEELAZHIZOA

Bexar Appraisal District PROPERTY APPRAISAL INFORMATION 2011 Entice
PROPERTY 632405 R OWNER ID ULBRICH DOUGLAS J 06 1
Legal Description 2731786 3039 STARHILL OR 08 {
NCB 13875 BLK 2LOTS SAN ANTONIO, TX 78218-2436 US 09 1
OWNERSHIP 10 1
10.00% u !
2 1
55 v
13678-002.0080 ACRES: .0000 cao 4
EFF. ACRES:
SITUS 3939 STARHILL APPR VAL METHOD: Cost
GENERAL SKETCH for Improvement #1 (Residential)
UTILITIES LAST APPR. 248-4CH
TOPOGRAPHY LASTAPPR.YR 2011 ca
ROAD ACCESS LAST INSP. DATE 0301/2001 i
ZONING RS NEXT INSP. DATE ‘ |
NEXT REASON fas MAS ol
REMARKS 2009 REVAL; MADE ADJUSTMENTS TO |
CONDITION ANO EFFECTIVE AGE WHERE i
NEEDED iN ORDER TO BRING IN LINE WITH SSS
NBHD 376/CAV i i i
i i |
1, ao ) Hl
BUILDING PERMITS (2 on ta i
ISSUE DT PERMITTYPE PERMITAREA ST PERMIT VAL | 2 ad *
i |
SALEDT PRICE — GRANTOR DEED:INFO “a
2 ——
——h
SUBD; S13475 100.00% NBHD:08605 —44800% IMPROVEMENT INFORMATION
i TYPE DESCRIPTION MTHD CLASS/SUBCL AREA UNIT PRICEUNITS BUILT EFF YR
LA veg. soe RI ASB 1,408.0 86.74 1986 1863.
Oe, tec £38 ARO Heo Bartek ass
Pac Famacs wit ADD ASB 375.9, 11.68 1968
1, BISCO. STCO: At 7

SUBD:.:813676... 100.00%.. NBHD:98605.. 195.00% LANDINFORMATION IRR Wele0. ~ Capacity: 0 IRR Acres: 0
RESCRIFTION CLS TABLE sc WNITPRICE GROSS VALUE ADJ MASSADJ VAL SRC AGAPP!
eR Family not Farm 98605 AT Foon) SOMTX 0.2011 AC 1.06 9,200 1.00 1.05 A 18.110 NO
Comment: and val set from pv _
18,110
Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed 07/20/2012 01.21 8PM by Dade

54


the Property; (2) use. operate or manage the Property; and (3) collect the Rests from the Property,

Dury © Maiemain. Gracacx shall mitain the Propery in good comin and promply pecfara al reps, replacements, acd
‘onimemnance secestary 10 presesve its value.

Compliance Wib Enviscmrnental Laws, Grantor repeesents and weeraaty to Lender thac 1) During the period of
(Granzor’s ownership of the Property, there has besc 20 wt, generation, mamutacame, siorage, eetment, dapord, reiewse oF
tiretened velease of any Hazaroes Sebeumnce by any person on, acuder, about or from the Properry; (2) Grastor hes ao
knowledge of or reason to bebiewe thet there hes bees, except es previously discioeed i> aad acknowledged by Lender
bm writing, (2) amy breech or violadon of my Envircacestal Laws, (b) any use, generation, menufscuwe, siccage,
‘eammect, sposal, release or thrustened release of acxy Hararices Substance on, under, about or from the Property by
‘any prior owners or cocupamts of the Propesty, or (c) amy achmal or dhreasened lidigation or claims of amy kind by ary
pecson reading 1 such amex; and (3) Except as previcady declosed to and acknowledged by Londer in writing, (8)
petther Graotior nor any tenant, contractor, aga or other auchorioed user of the Property shell we, generate,
manséacore, nove, treet, dispose of or release any Faxsandous Subsmace on, ander, about or from the Property, sad (b)
‘awry such activicy shall be conducaed ia complisnce with all applicable fadersi, male, and local inws, cegalecions andi
ordinances, incloding without lattice all Exviscmmental Lave, Gtaseer autharhes Lander snd 16s agers 00 exter oon
(he Property 10 make each inspections ancl msm, at Grama expemec, as Leader may dems appropriae w dewnnine
compliance of the Property with this section of the Dead of Trnst, Amey inapections or wets aaa by Lender shall be for
Lender's parpones only and shall act be conpirend 1 commer any ox Sabllity os Gee pest of Lender to Grammne or 0
aay oes person, The repestemdons sod wareuties contained laste ane co Gran’ doe diligunce la hevestignting
the Property for Hazardous Substances, Gressor hereby (1) releases aud walvas say fuewre clniees agsioxt Lender for
ndetonity or conatbution in dhe event Grantor becomes Hable or chenep or cther costs under any such lrws; and Z)
ages 10 indemunify and hold bersndem Lander agaiest any and all claluns, labiliies, demneges, peusiies, aad expanees
‘which Lender my disectly or indirectly sustain or sater nating fms teeach of this nection of the Deed of Trust or as 3
Consequence of amy we, generation, menotactere, sacsage, deposed, release or threatened relese courting prior ©
Grantor's owmersbip or tiseres: in the Property, whetber or mot the sane was or should have been imown wo Grescx,
‘The provisions of this section of the Deed of Trast Incading te chitgatcn 1 p Teall survive the payment of the
Imiebeacness and the saialactios and zecorveyance of the ‘han of tea Deed of Trust and shall not be affected by Leader's
acquisition of any inerest in the Propesty, winether by forectorane or otherwise,

Nedsance, Wwe. Gramor shall not couse, condect Or permak omy auleamce ner commis, pencil, or suiler ary sipping
of or waste 0 or to the Property or any portion of the Property, Wishout Limiting the generality of the foregoing,
Grantor will not remove, or grant to any ocher party the right to remove, any timber, minerals (lactading oll and
88), coal, clay, soll, gravel or rock products wichoes Lender's prior written consent. This restriction will not apply
to rights aud easernents (such 4s gas and ofl) not owned by Gransor and of which Grastor has informed Lender
tn wridiog prior 10 Gruntor's signing of this Deed of Trust.

Removal of Improvements. Grantor shall act demolish or remove any Improvements from the Real Property
without Leader's priot coment. As a camdition 1 the removal of any Improwermenns, Leader may require
Gramor to meke arrangements satisfactory 10 Lender to replace such [mproverents with Laprovements of
least equal valve.

Lender's Right to Enter. Lender und Lender's agents and represeniadves may eater upon the Real Property a
all reesosable times to attend to Leader's kereses and to tnspect the Real Property far purposes of Grantor's
compliance with the terns and conditions of this Deed of Trust

Compliance with Goveramenial Requirements. Gramior shal promptly comply with all laws, ordinances, aad
regulations,

Property, Grancor ray contest {n good faith ay soch lew, ordieaice, or reguistion and withhold compliance
uring say procesding, nchaiing appropriete appeals, 10 nag. 2s Gruner bas notified Leader in writing prior 1
doing so and 20 Jong 25, in Lender's sole optaion, Lender's interests ba the Property are not jeopardized. Lender
Cece eee Pom slegoae secary or arey bond, resecaahly aistatory to Lene, wo perect

Dury to Provect. Grantor agrees neither t0 abandon por leave umatmaded the Property. Grantor shail do all
other acts, ia addition to those acts set forth above tn this sectios, which from the characer and ose of the
Property are resscmably necessary to pronect and preserve the Praperty.

DUE ON SALE - CONSENT BY LENDER. Lender may, at Leaces’s option, declare immediately doe and payable
all sams secured by this Deed of Trest upos che sale or wansfer, without Lender's prior wrinen cousent, of ail
OF any part of the Reel Property, or amy laserest in the Real Property. A “sale or transfer“ meses the

2

CERTLFICATE

he att (0 whieh this certificate is atixed may have besa altered te redact coufidential personal Information but

is otherwise + full, true and correct copy of the original on file und of recerd in my office

ATTESTED:

GERARD C, RICKHOFF
COUNTY CLERK
BEXAR COUNTY, TEXAS

By: (DASA
Deputy Date

69 VO2142P1353


Bexar Appraisal District

PROPERTY $32405 R OWNER ID
Legal Description 412248
NCB 13675 BLK 2LOT8

OWNERSHIP

100.00%
13675-002-0080
SITUS 3939 STARHILL
GENERAL

UTILITIES LASTAPPR. 221-XXX
TOPOGRAPHY LASTAPPR. YR 1996
ROAD ACCESS LAST INSP. DATE 01/11/1996
ZONING RS NEXT INSP. DATE

NEXT REASON

2009 REVAL; MADE ADJUSTMENTS TO
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH

REMARKS

NBHO 376/CAV
BUILDING PRRMITS:

ISSUE DT PERMITTYPE PERMITAREA ST PERMIT VAL
SALEOT PRICE GRANTOR DEED INFO
SUBD: $13675 100.00% NBHD:98605 100.00%
i TYPE MTHD

tA Wing Area

AG conv seg G

OP conv seg P

PAC conv seg TY2

100,00% NBHO:98605 100.00%

PROPERTY APPRAISAL INFORMATION 1999
ULBRICH DOUGLAS J &
CONSUELLA
5740 FM 462. N
HONDO, TX 78861-6921 US

ACRES: .0000
EFF. ACRES:

APPR VAL METHOD: Cost
SKETCH for improvement #1 (Residential)

LAND.INFORMATION... IRRWels:0 Capacity: 0

SUBD: $13675
PESSBIETION TABLE METH DIMENSIONS GROSS VALUE ADJ MASSADJ YAL SRC
¥ 1 Family not Farm as i Fisoom) 0.2011 AC 125.00 F

Effective Date of Appraisal. January 1

Page 1 of 1

Date Printed 07/20/2012 01 26. 43M

42

Entities

06 Ts
08 1c
oF 10
10 10

Ww 10
10
10

ARR Acres: 0

MKT VAL AG APPLY

NO
9,600

by badan


shall reimburse Lender for all costs and expenses incurred tn conection with the macers referred to in this

pore lf Gensace falls 10 do any of the things sefeared to fn the precading paagrach, Lander may do 50 for
nde Gee samne of Gamnor and xt Ganacr’s expanse. Por such parposes, Grantor hereby lrewocedly anpcions Lender as
Grass ancrmey--ia: for the parpose of making, execaing, delivering, Sing, recaning, zd doing all cer things
3 temy be necemary or destrable, 1 Lance's sole opinios, to accomplish te maters refered so in the preceding
paragraph.

FULL FERFORMANCE. If Borrower pays al the indebahess when dee, and caherwise peciors 2 the cbtigaicas
‘maposed upen Grantor under this Deed of Trt, Lancer abel qnabcar and deliver to Geacane& please of tht Deed of Trt

EVENTS OF DEFAULT. Ar Lenders opdcn, Cranear wil be io defo ters Dee of Tr if
35; of the folowing appen: Payment Defack. Borrower falls to make any payment whee doe
under the Indeteecness,

‘Broek Orher Promiees. Boncwar or Gramece beenks any prostise made 1 Lender or fate © parforan proengsty atthe tine
sad srictty i the saamner provided tn this Doed of Traut or in amy agreement seleted to this Deed of Trust.
Commpilence Default, Palure 1 comply wish any other ten, abligaion, covenast of condition concaimad ‘a thin Deed of
‘Tras, the Note or i any of the Retamd Docussants,
Detsok on Caer Payments. Falinre of Goamtor wishin te tne reqpicad by this Deed of Trost w snake any payment
{oc anes or insorance, or any ccher payment necessary t prevent filing of cr 10 eflect Gacherge of say Ben.
False Scacrcemsas. Any representadon or sacement taade ox furnished 10 Lender by Borsower or Grantor of on
Borrower's or Grantors babalf onder this Deed of Tras or tee Relat Docummenrs i fave or maisieediog in ay
material respect, either now or at the eae trade or furmiohed.,
Defective Coltaseratization. This Deed of Trost or any of the Ieelened Docume ceases to be fa fall force and effect
Coclcing faery colieral docament wo ces a vad and pefecsed secure Maer x len) a any se
for any reason.
Death or Dneotruscy. The death of Bomower or Gramtor, the insclveacy of Bonower or Grantor, the appokorment of
| receiver for any part of Borzowar’s or Grantor's proerty, any assipamans for the benefit of credhors. amy type af
creditor workoot, or the Commencement of any proceeding under any benkreptcy or imsalvency laws by or agaiast
Borrower or Grantor.
Taking of the Propeny. Any oredr or goverranental ageacy ices wo wake any of the Propany oF any ctber of
Borrowers or Gramor’s property ke which Lender es | len, Thin’ includes thing of, gumnishing of or levying oc
Bocowers or Grenmor's accounts with Lender. However, if Borrower or Grancor disputes in good f2idh whether the
aka on which the taking of the Property i based fs valid or resscnable, and if Brower 0 Grantor gives Lender
‘writes notice of be claim and ferntahes Lenciar wiet monies or 8 sasery bond saticfociory to Leader to satisfy the
claim, thes this defaait provision will wat apply,
Breach of Ciher Ageament. Any besach by Bacower of Grastor wader the inns Of any ober agremcens bonveen
Borower or Grammer and Lender that is wot remedied Withio way grace period provided therein, lnchudhag without
Umicadon any agreement concerning any iadebuedoess or other obligation of Borrower or Crasior t Lander,
‘whether existing now or Laser.
Bens Affecting Gomaator. Any of te preceding events occers widh mapect 0 any guarantor, endorser, surety, of
sccomsmodation party of any of the Indebtacs Or any’ gasrcace, andceaer, suey, cr acromemadaton party dles or
becomes Incompetent, or revolms or dispates tbe velidity of, or Bebllity wader, any Guarascy of the
Indebeadaess. {0 the event of a death, Leader, at is option, may, bat shall not be required to, perarie the
‘Boarantor’s estate to assume unconditlonsily the obligations arising wader the guareaty in a manaer
Sattsfacory to Leader, and, in doing so, cave any Event of Defselk.
Insecurity. Lender in good faith believes trseif tmecare.
Right to Cure, If my detsalt, other thes 2 defasit 'o payment is cacable, kt may be cured if Grantor, after
Tecelving written notice from Lender demanding core of wack detauk: (1) cores the defauk within twenty (20)
days oF (21 if the care requires more thas twenty 120 days, Immediately initistes steps which Lender

CERTUFICATE
IM Dats (0 which this certificate la afftzed nary have been altered to redact confidential persona! informatio bur
otherwise » fall (rus and correct copy of the erigieal on file nad of record in my office.

ATTESTED:

GERARD C. RICKHOFF
COUNTY CLERK
BEXAR COUNTY, TEXAS

BY: ~—— 0-}3-14

Deputy Date

72 VO2142P135b



STATE OF TEXAS §

COUNTY OF Levan

oo

Sworn to and subscribed to before me on October 12, 2014, by Debra Kay Byrd.

= ar PUBLIC, State of Texas

My commission expires: Os-/s- PC/ So

81 VO2142P17365


APPELLEES APPENDIX

EXHIBIT 1



62

original SW corner of Survey No. 132, Abst. 1814, H.E. &
We. T. RR Co., Original Grantee, brs. 3 73-47-00 E 8,800 ft.

(found original bearing 3“ Live Oak now (riow 13"), 3 18-30-00
B 135.56 ft.);

HENCE with fence, 8 20-21-40 B 506.659 £t. to & 3/4" iron pipe
by. cornex post, for the SB corner of this tract;

THENCE with ‘fence and South line of seid Survey Ho. 419, & JO-
21-57 W 2938.261 ft. to an angle point of fence and 3 70-01-25
W 2694.946 ft. to the SW comet of this tract, a 3/4" iron pipe
set in the East R.0.W. line of P.M. Ruy. 4627

THENCE with East R.O.W. line bed bhpend Buys 462, 4 18-29-17 ©
533.917 ft. to the beginning of a curve to the ri: said curve
having a central angle of 41° Sor 25", & redius 923. TT ft.
and a length of 669, st70 tt. ‘to the ‘end of said curve;

THENCE W 23-01-08 E 1828.373 ft. to the beginning of a curve to
the right, gaid curye having e central angle of 07° 01, 30", a

xadius of 1374.780 a0 ze. and a length of 168.455 ft. to the end
of said curve;

THENCE B. 30-02-38 # 1442.362 ft. to the beginning of a curve
to the right, said curve having a central angle of 51° 53‘ Ss",
a radius of 1201.850 ft. and a ueugth of Loved 403 ft. to the
end of said curve; —

THENCE NW 82-01-36 B 286.661 ft. to m concrete 2.0.W, marker;
H 82-16-12 E 296. sea ft. to an angle pointy BR 78-07-45 B 201. 296
fe. to = concrete B.O.M, marker; MN 56-29-51 B 114.000 ft. to

angle point; N 42-27-05 B 111.500 ft. to a concrete how.
maxker; M 27-21-17 EB 132.769 ft. to a concrate R.O.W. markers
HW 18-38-58 B 62,115 ft. to a concrete B.0.W. i marker; K 11-50-53
B 229.051 ft. to a Concrete R.O.W, marker; N Lo-10-37 K% 76.808
ft. to a concrete R.O.W. marker; W 02-26r33 B 190.531 ft, toa
concrete R.O.W. marker; N 02-40-08 B 210.154 ft. to a concrete
R.0.W. Markery MW 02-30-22 E 402.843 ft. to a concrete see)
marker; W 05-46-32 2 492,081 tes to a 3/4" ivon pipa; W 01-24-
04 W 115.213 ft, to a 3/4" iron pipe and H. 3i-aea2 B 46.509
ft. to a 3/4" iron pipe, the North camer of this tracty

‘THENCE with fence, 5 20-03-47 & 49 4926.500 ft. to the place of
BEGOUWING; as certified to by J HB. Poexner, Registered Pub-
lic surveyor, cn the Jara tay of marche 19773

LESS: That certain 84.588 acres of land out of said Survpy Bo.
‘3, abstract wo. 1174, A. B. & W. %. RR Co., original Grantee,
this day allotted and com to Jack T, Ulbrich, Jr., said
84.588 acres of land being described as follows, to-wits

84.588 sores of land situated about 10 atles w 16° w of
Hondo, in Medina County, Texas, out of durvay Bo. 419, ab-
stract Mo. 1174, 3: E. & W. T. RR Co,, original Grantee, being
the North portion of a certain 40¢.58810 acre tract of land

on Page 611 of the Deed Records of Medina County, Texas, and
being more particularly. described by nmetes and bounds, as follows:

BEGINNING at 5. 3/4" iron pipe set in a curve to the right on

2.

61 VOZ142P1345


Designation of Homestead

Date: April 11, 2011
Affiant/Cliamant: Douglas J. Ulbrich
Current Record Title Holder of Property: Douglas J. Ulbrich
Property: 160.00 Acres out of Survey No. 419, Abstract No. 1174,
H.E. & W.T. RR Co., original Grantee, Medina County,
Texas.
Title to the above described property is vested in Claimant.
Pursuant to section 41.005 of the Texas Property Code,
Claimant designates the Property as Claimant and Claimant's family

homestead.

Daaaglias L Qthercads
Dougl ag. Wbrich

STATE OF TEXAS )
COUNTY OF MEDINA )

This instrument was acknowledged before me on th

2011, by Douglas J. Ulbrich. Fk

tary Public, State of Texas
My commission expires: ¢/& tA

PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:

Thomas J. Rothe, P.c.
1510 Avenue M, Suite 101
Hondo, Texas 78861

Tel: (830) 741-4141
Pax: (830) 426-4141

Designation of Homestead - Page Solo 10-77\Douglas\Do#

59 VO2142P 1343


84 VO2Z142P13b8


04-12-00514-CV

FURTHER ORDERS that Douglas J. Ulbrich shall maintain the homestead
to include paying costs of taxes, insurance, and maintenance of the homestead as
long as he retains the homestead.

Exempt Property:
FINDS that the personal property of the Estate is exempt;

ORDERS that the exempt personal property of the Estate shall be awarded
as follows:

a. Douglas J. Ulbrich is awarded the list of exempt personal property shown
on Exhibit “A” attached hereto; and

b. The Heirs, Robert Hope, Darlene Wilson, and Debra Byrd are awarded the
personal property shown on Exhibit “B” attached hereto.

FURTHER ORDERS that all exempt personal property shown on Exhibit
“B” shall be made available for pick-up by the Heirs within twenty-four hours of
signing of this Order.

FURTHER ORDERS that all exempt personal property shown on Exhibit
“B” shall not be destroyed, damaged or in any way tampered with prior to pick-up
by the Heirs, Robert Hope, Darlene Wilson, and.Debra Byrd.

FURTHER ORDERS the cost of packing and pick-up of the exempt
personal property on Exhibit “B” shall be borne by the Heirs, Robert Hope, Darlene
Wilson, and Debra Byrd.

The probate court also signed an Order Finding Res Judicata and Collateral Estoppel Apply. In
that order, the probate court found the following:

1. The “issue of the location of the homestead of Consuella Perkins Ulbrich,
deceased, at the time of Decedent’s death was fully and fairly litigated [at the
hearing] on February 3, 2012.”

2. The parties “litigated the location of Decedent’s homestead on February 3,

2012, as adversaries.”

The “issue of the location of Decedent’s homestead was determined and the

court entered its final, appealable order finding the location of the homestead

of Decedent to be 3939 Starhill, San Antonio, on February 13, 2012.”

4. Douglas J. Ulbrich “did not appeal from the court’s order dated February 13,
2012.”

5. The court order “dated February 13, 2012, is final and no longer appealable.”

we

-Il-


Defanse of Tide. Subject 10 the exception in the paragraph show, Gramor warrants and will focever defend the Usie 60
the Property against the Lawfol claims of all parsons. la tee event say action or proceeding is commenced that
questions Grantor's tile of the toterest of Trosiee or Leader wader this Deed of Trust, Grastor shall defend the
‘scdon at Granior’s expense. Grenior may be the mominal party ts such proceeding, but Lender shell be exdised to
participate in the proceeding and 10 be represented in tae preceading by comnoel of Linier’s own choice, anc Granor
Mid ele F coooe to be delivered, Lene ch sree a Lender my reques fom time w te w perm
participadicn,
Compliance With Laws. Grantor warrants that be Propesty and Grantor's wse of the Property complies with all
cecdseing applicable laws, ordinances, and regulations of | sathoridies.
Scarvivel of Promises. All promises, ageeness, and statements Grex bas made in this Deed of Trust shall savive
‘the exscation and delivery of thts Dead of Trex, shat! be contioaing. in namsre.and shail remain in ful force and
effect uni! rach time as Borrower's Indebtedness is paid in fall.
CONDEMNATION, JUDGMENTS AND AWARDS. The following provision relating 1 condemnadon
Proceedings, Jodgmesss, decrees and awards for injury wo the Propecty are 3 part of this Deed of Tras:
Proceedings. Hf any proceeding ia comdesmantioa ie fled, Grantor shall promptly soddy Lender in writing, and
Geacncr shall prompdy take such steps as may be necateny to defend tee action and obestc the wened. Gramaor may be
(he nominal party is such proceeding, but Lender shel! be entiiied i participate Ia the proceeding and 10 be represented
in the procesding by counsel of tas own choice, and Gramtor will deliver or couse to be delivered to Lender such
(mscranene and documemmation as resy be sequasned by Louch fou dene 10 tene 10 permit sch participation.
Application of Net Proceeds. To the extent persion by applicable tre, all judgments, decrees and swans for leery or
damage 1 the Propety, or any part of the Property, and avesds.persuame 0 proceedings far condesazcan of the
Property, are hereby sbeckaly assigned w Loader, and Wf all or any pest of tee Property bs condemned by eminesa
Somain procesdings or by any proceeding or porchase bs faa of condemmation, Lender inay at is election require that
all or aay portion of the ner proceeds of the award be applied so the ledeboecwess or the repair or restocaion of the
Property. The net proceeds of the award, Judgment or decree shell mann the award afer peyment of aif reasonable
Cost, expenses, and maomney’s fees incurred by Trustee or Lender im commection with the condemnation.
SECURITY AGREEMENT, FINANCING STATEMENTS. The following provisices relating 10 this Deed of Trust as
A secocky agreement we 3 part of this Deed of Trust:
Security Agreement. This inprament shall constitute 2 Secerity Agreernent to the extent xy of the Property
Constitnuacs fixtures, and Lender shall have all of the rights of » secured perty under the Uniforin Commercial
Code as snencied from time to time. a
Security Interest. Upon yequest by Lender, Grarsor shall tale whatever action is requested by Lander 10 perfect
‘cominue Lender's security interest in dhe Personal Pooperry. ia addivion 20 recording this Deed of Trast in the reel
property records, Leader may, af ary time and without futher authorization from Gramm, file execoad coumerperts,
copies or repwodactions of this Deed of Trust as « Snencing satemest. Grantor shail reimburse Lander for all expanses
incared in perfecting or coatienting this intewest, Upon defeolt, Grantor shall not remove, sever or detach the
Personal Property fron the Property, Upoo Cramer shall anemble say Persosel Property act affined to the
Propery in a macner and a 3 place ressonebly convenient 10 Gamer and Lender and make i avellable to Lender
within shove (3) darys efter receips of written desand from Lender 10 thet exes perniited by applicable law.
Addresses. The mailing addreisees of Gramtnt (debtor) and Lander (secured party) frons which iaformarion concerming
‘he secrrty lenerest gramsed by this Desd of Trost mey be obtained leach as reqaized by tbe Uxiforn Coomercial
(Code) are 2s staned on the first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY -IN-ZACT, The fcllowing provisions relating to further assursaces znd
amceney-tor fact ave a past of this Dead of Trust,
Further Asmcances. AI aay time, and from tame to teat, won mqnest of Lender, Gransor will make, ccocute and
deliver, or will couse 10 be wade, exaceed ox delivered, 8 Lender or to Lender's designee, aed when requested by
Lender, canse 10 be fied, recorded, refiied, or perwccndied, as ten come may be, at suck thee and in such offices and
places as Lender may deem appeoprian, any and all vach mumigagas, decce of trast, security deed, security agreements,
Srancng samesnenes, continuation susements, nermnenesf Sacteer emmrance, conificates, aod other documents as
‘amy, 16 the sole apiaion of Lander, be necessary or deniele in ander 10 effectaate, complete, perfect, continas, or
Preserve (1) Borrower's and Gransor’s cbliguiens under the Nem, this Deed of Trust, and the Related Docanents, end (2)
the Bens exd security inwerests creased by this Deed of Trase ag fet aad prior liens on tbe Property, whether Bow
‘owned or hereafter acquised by Geanter, Unless prokibleed by law or Lender agrees to the conmrary in wrideg, Groior

CERTIFICATE

‘The page to which this certificate ts affized may kare been sitered to redact confieirtial personal information but

We otherwise 9 full, true and correct copy af the original ou file und of record in my office.

ATTESTED:

GERARD C. RICKTIOFF
COUNTY CLERK
BEXAR COUNTY, TEXAS

BY: \D-| ee 4

Deputy

- VO2142P 1355


TA STUDER was acinowiadgnd bloe ton Janey 1, 213 by Douglas J, Uttxich,

EXECUTED AND ACKNOWLEDGED, w beste a of lanary 17,201.
BORROWER:

ae

STATE OF TEXAS)
COUNTY OF BEXAR )

snumy, 23 be ee [mei reo he 7 dy of

Choe

The above and foregaing ingrument
lauy, 2h tte an wes ackuowleciged before me on the 17* day of
‘The above and f

Jenary, 2015 bythe above meme acy teaeTM ‘acknowledged before me on the 17* dey af

CKRTLFICATE
‘The page to which this certificate fe affised may have been altered to react confidential perronal information but

{a otherwise full, true and correct copy of the original on fie and of record in ary office.

oy ware
‘GERARD C. RICKHOFF

COUNTY CLERK
BEXAK COUNTY, TEXAS

BY: (D314
Depety Tete
7 VOZ142P 1361



04-12-00514-CV

Generally, appeals may be taken only from final judgments. De Ayala v. Mackie, 193
S.W.3d 575, 578 (Tex. 2006). “Probate proceedings are an exception to the ‘one final judgment’
tule; in such cases ‘multiple judgments final for purposes of appeal can be rendered on certain
discrete issues.” Jd, (quoting Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192 (Tex. 2001)). “The
need to review controlling, intermediate decisions before an error can harm later phases of the
proceeding has been held to justify this rule.” Jd. (quotations omitted). “Not every interlocutory
order in a probate case is appealable, however, and determining whether an otherwise interlocutory
probate order is final enough to qualify for appeal, has proved difficult.” /d. “In the past, courts
relied on a ‘substantial right’ test to determine whether an ostensibly interlocutory probate order
had sufficient attributes of finality to confer appellate jurisdiction.” Jd. Under that test, “once the
probate court adjudicated a ‘substantial right, the order was appealable.” /d. In 1995, the supreme
court attempted to clarify this test, noting that “while adjudication of a ‘substantial tight’ was one
factor to be considered, equally important” was.“‘earlier precedent requiring that the order dispose
of all issues in the phase of the proceeding for which it was brought.” /d. Therefore, “[tJo sidestep
‘potential confusion’ about the appropriate test for jurisdiction,” the court adopted the following
test:

If there is an express statute, such as the one for complete heirship judgment,

declaring the phase of the probate proceedings to be final and appealable, that

statute controls. Otherwise, if there is a proceeding of which the order in question

may logically be considered a part, but one or more pleadings are also part of that

proceeding raise issues or parties not disposed of, then the probate order is
interlocutory.

Id.
In De Ayala v. Mackie, 193 S.W.3d at 578, the supreme court held that the trial court’s
order denying a plea to the jurisdiction and refusal to remove an executor was not appealable. The

court explained that “an order denying a motion to dismiss an entire proceeding for want of subject-

-13-


10

11

12

13

Order Granting Motion for Summary
Judgement entered on November 5,
2014, by Probate Court #1 in The
Estate of Consuella Perkins
Ulbrich, deceased, Cause Number
2011-PC-0686

Findings of Fact and Conclusions
of Law entered by Probate Court #2

Texas Probate Code §271

Texas Constitution, Art. XVI, §52


EEL AZHIZ0A

Bexar Appraisal District
PROPERTY 532405 R OWNER ID

Legal Description 412248
NCB 13675 GLK 2LOTs
OWNERSHIP
10.00%
13675-002-0080
SITUS _3939 STARHILL
GENERAL
UTILITIES LAST APPR. 248-LCH
TOPOGRAPHY LASTAPPR. YR 2008
ROAD ACCESS LAST INSP. DATE 03/01/2001
ZONING RS NEXT INSP, DATE

NEXT REASON

REMARKS 2009 REVAL; MADE ADJUSTMENTS TO
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH
NBHO 376/CAV

. BUILDING PERMITS
ISSUE DT PERMITTYPE PERMITAREA ST PERMIT VAL

SALEDT PRIGH GRANTOR DEED INFO

SUBD: 812675.  400.00% NBHD:98608 . °..195.00%
Le. cus

TABLE = SC_- HS. H
1. R/V Family not Farm 98605 At Y (100%) SQMTX 0.2011 AC

Comment: land val set trom pv

Page 1 of 1

Ettective Date of Appraisal: January 1

PROPERTY APPRAISAL INFORMATION 2009
ULBRICH DOUGLAS J &
CONSUELLA
5740 FM 462 N
HONDO, TX 78861-6921 US

ACRES: .0000
EFF, ACRES;

APPR VAL METHOD: Cost

Entities

SKETCH for Improvement #1 (Residential)

eo

CANDINEORMATION IRR Wolls: 0 -Capealty:0 IRR Aares: 0
SITES fy 1.05 A 18.410 NO

52

8,200 100
18,110
Date Pontes 07/20/2012 01.21 39PM dy bagan


22, 2010, the homestead of DOUGLAS J. ULBRICH and CONSUELLA
PERKINS ULBRICH, was 3939 Starhill, San Antonio, Bexar County, Texas.

7. On February 13, 2012, the Court ruled that the homestead of
DOUGLAS J. ULBRICH and CONSUELLA PERKINS ULBRICH, Deceased,
was 3939 Starhill, San Antonio, Bexar County, Texas which Order is now final not
having been appealed.

8. DOUGLAS J. ULBRICH, surviving spouse of CONSUELLA
PERKINS ULBRICH, Deceased, received a statutory Probate Homestead right to
3939 Starhill, San Antonio, Bexar County, Texas, pursuant to the Texas
Constitution, Article XVI; Prob. Code §§271 and 283.

9. DOUGLAS J. ULBRICH, surviving spouse of CONSUELLA
PERKINS ULBRICH, Deceased, voluntarily abandoned the Probate Homestead at
3939 Starhill, San Antonio, Bexar County, Texas, on January 11, 2012.

10. DOUGLAS J. ULBRICH, surviving spouse of CONSUELLA
PERKINS ULBRICH, Deceased, reaffirmed his voluntary abandonment of the
Probate Homestead on January 16, 2012.

11. There was no pre-nuptial or post-nuptial agreements executed
between CONSUELLA PERKINS ULBRICH, deceased, and DOUGLAS J.
ULBRICH.

Findings of Fact ~ 3939 Starhill, San Antonio, Bexar County, Texas
12. On August 22, 2010, the residence located at 3939 Starhill, San
Antonio, Bexar County, Texas, was owned as follows:
a. The Estate of CONSUELLA PERKINS ULBRICH, Deceased,

owns a Fifty percent (50%) undivided community interest in 3939

Starhill, San Antonio, Bexar County, Texas.

2

242 ¥02099P 1288


LAD

I Aigto~ 09 -HYSU

RECEIVED
APR 0 8 201
Bexar County Appraisal District Ci- SCAQ

411 North Frio
San Antonio, Texas 78207

7 April 2011

As of 6 April 2011, I, Douglas J. Ulbrich, wish to have my homestead exemption
changed

From: Bexar County, 3939 Starhill Drive, San Antonio, Texas 78218

To: Medina County,5740 FM 462 Hondo, Texas 78861.

Thank you in advance for expediting this transfer.

Sincerely,

Lacaglar J. Uber

Douglas J. Ulbrich

Median Co Fax # 830-426-4660

Attn: Wendy

40 VOZINZP 1324


Bexar County Appraisal District
Statement for 2011 with Homestead
Exemption on 3939 Starhill, San
Antonio, Texas

Designation of Homestead executed
by Douglas Ulbrich, dated April
11, 2011, designating Medina
County property as Homestead

Bexar County Appraisal District
Statement for 2012 with Homestead
Exemption removed on 3939
Starhill, San Antonio, Texas

Deed of Trust dated January 17,
2013, Certified Copy, Douglas
Ulbrich grants Deed of Trust on
3939 Starhill, San Antonio, Texas,
to Wayne and Mary Hale to secure
personal loan made to Douglas
Ulbrich; filed Bexar County Public
Records, Book 15907, Page 1490;
Document PI2-20130013938-10

Affidavit of Debbie Byrd, dated
October 12, 2014

Transcript Excerpt, Hearing held
January 11, 2011, Medina County
Court, the Honorable Vivian Torres
presiding

Excerpt from Clerk’s Record,
Volume 1 of 2, Trial Court No.
2011PC0686, In the Probate Court
Number 1 of Bexar County, Texas,
Page 0130; Designation of
Homestead filed of Record at
Volume 02077, Page 8350


APPELLEES APPENDIX

EXHIBIT 5



Bexar Appraisal District PROPERTY APPRAISAL INFORMATION 2005 Enuties

PROPERTY 532405 R OWNER ID —_ULBRICH DOUGLAS J. 08
Legat Soreription 412248 CONSUELLA 08
NCB 13875 KR” 2 Lor 5740 FM 462 N oe
OWNERSHIP
YNERSHIP — HONDO, TX 78861-6921 US can
55 1
13876-002.0080 ACRES: .0000 cAD +
EFF, ACRES:
SITUS 3939 STARHILL APPR VAL METHOD: Distributed
GENERAL SKETCH for Improvement #1 (Residentia!)
UTILITIES LAST APPR. 248-1CH
TOPOGRAPHY LAST APPR. YR 2005
ROAD ACCESS LAST INSP. DATE 03/01/2001
ZONING RS NEXT INSP. DATE
NEXT REASON ‘a ME os
REMARKS 2009 REVAL; MADE ADJUSTMENTS TO i
CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH Ist
NBHD 376/CAV j yl
| |
5.) BUILDING PERMITS 2m RS tA
ISSUE DT PERMITTYPE PERMITAREA ST PERMIT VAL | “on
|
SALEDT PRICE - SRANTOR DEEDINFO |

SUBD: 813675. 100:00% NBHD:98805

w@ TYPE MOHO
Rt 8
HES Be te
PAC Tortace wi” a0 NSB
1. Bidege: DO. pees STCD. At.
<=
fam]
~
=
nN
-o
—_ mn
\w SUBD: £13675 100.00% NBHD:98605 100,00% LANDINFORMATION IRR Wels: 0 Capeaity..0 IRR Acres: 0
AGLE METH DIMENSIONS UNIT PRICE GROSS VALUE ADJ MASS ADJ YALSRC MKT VAL AG APPLY
ww ee ee tron as Ae ge room 8,760.0000 SQ 4.08 9.290 1.00 1.00 F 9.200 "NO
9 Comment: land val set from py
9,200
Page 1 of 1 Effective Date of Appraisal: January 1 Date Painted: 07/20/2012 07:21 1SPM Dy badan

48


Bexar CAD - Property Details

Page 2 of 2
Total Tax Rate: 2.730684
Taxes wiCurrent Exemptions: . $1,576.06 .
Taxes w/o Exemptions: $2,674.70

Improvement / Building ~

Improvement #1; Residential State Code: Al Living Area: 1408.0 sqft Value: $79,840

Type Description Class CD Exterior Wail Year Bult SQFT
LA Living Area A $B 1966, 1408.0
AG Attached Garage A 1966 377.0
oP Attached Open Porch A 1966 116.0
PAC Terrace with cover A 1966 375.0
Land
# Type Description Acres Sqft _JEft Front En Depth Market Value Prod. Value

7 RES _ V1 Family not Farm Single _ 0.2011 8760.00 _ 73.00 oe 110 $0
Roll Vaiue History
Yoar Improvements Land Market Ag Vi “Appraised HS Cap Assessed
2015 NA NA” “WA NA Ra NA
2014 $88,530 $18,110 _ . ° 106,640 $0 $106,840
2013 $87,240 $18,110 . oo. 105,360 $0 $105,350
2012 $79,200 $18,110 C) 97,310 $0 $97,310
2011 $79,840 $18,110 0 97,950 $0 $97,950
2010 $82,410 $18,110 0 100,820 $0 $100,520
Deed History - (Last 3 Deed Transactions)
# Deed Date Type Description Grantor Grantee Volume Page Deed Number
2015 data current as of Oct 6 2014 1:51AM.
2014 and prior year data current as of Oct 2 2014 11:06AM
For property information, contact (210) 242-2432 or (210) 224-8511 or email.
For website Information, contact (210) 242-2500.
Website version: 1.2.22 Database last wedated On: 10/6/2014 1:51 © 2014 True Automation, inc. All Rights

‘This site only supports Intemet Explorer 6+, Netscape 7+ and Firefox 1.54,

Moule ead orgsiendbPropery aspx prop 17532405
VOZ142P 7341

Reserved. Privacy Notice

10/11/2014


Bexar Appraisal District

PROPERTY 532405 R OWNER ID
Keaet Description 412248
NCB 13675 BLK 2LOTS
OWNERSHIP
100,00%
13676-002-0080
SITUS 3939 STARHILL
GENERAL
UTILITIES LAST APPR. 205-XXx
TOPOGRAPHY LASTAPPR. YR 2000
ROAD ACCESS LAST INSP. DATE 03/17/2000
ZONING RS NEXT INSP. DATE
NEXT REASON
REMARKS 2009 REVAL, MADE ADJUSTMENTS TO

CONDITION AND EFFECTIVE AGE WHERE
NEEDED IN ORDER TO BRING IN LINE WITH

NBHD 376/CAV
BUILDING PERMITS.
ISSUE DT PERMIT TYPE PERMITAREA ST PERMIT VAL
SALE DT PRICE GRANTOR DEED INFO
SUBD: 813675 100,00% NBHD:98605 190,00%, IMPROVEMENT |NFORMATION
ry 3 190% 1 3 :
: ‘ee gayi" Bee a +
<= R 175. 1336 1979 A 100% 100% 100% 100% 9.
CO 1..Biede 00 ST¢e BTB.0 Y.(190% . 209.
RO
=
~
~~
~
w
nN
~
SUBD: S13675 100,00% . NBHD:98605 100.00% LAND.INFORMATION — IRR Well0 Capacity: 0 IRR Actes: 0
it CLS TABLE = $C _- Hg METH AQY MASSADJ YALSRC = MKT VAL AG APPL)
1 RUT Family not Ferm At Y (100%) 0.2011 AC 26.00 F NO
9,200
Date Panted 7/20/2012 01:20:48PM by badan

Effective Date of Appraisal January 1

Page 1 of |

PROPERTY APPRAISAL INFORMATION 2000
ULBRICH DOUGLAS J &
CONSUELLA

5740 FM 462 N
HONDO, TX 78861-6921 US

ACRES: .0000
EFF. ACRES:

APPR VAL METHOD: Cost
SKETCH for Improvement #1 (Residential)

43



04-12-00514-CV

Counsel for heirs: You took it here: They took it down in Hondo and then took it
here. You’ve already had him on the stand.

Court: I had him on the stand here.
Counsel for heirs: Already done that.

Counsel for Douglas: I don’t believe so, Your Honor. He hasn’t testified about these
issues.

Counsel for heirs: Before —

Court: Here, wait. We will have —
Counsel for heirs: -- before you ruled.
(Discussion off the record)

Counsel for Douglas: He may have sat right there but it wasn’t testimony on the
amended motions.!

Court: Well, you keep filing amended motions after I have already fully ruled. But

I just want you to have a clear record. In case you’re right about it being an

appealable order, you can appeal it. That’s why we have the Fourth Court. Okay.

On July 30, 2012, the heirs filed “Affirmative Defenses: Claims of Res Judicata and
Collateral Estoppel,” arguing that the probate court signed a final judgment with respect to
homestead in February and that Douglas did not appeal from that order. Thus, the heirs claimed
“tes judicata and collateral estoppel [applied] to the issue and claim of the location of the
homestead” at the time of Consuella’s death. On July 31, 2012, the probate court held another
hearing, stating that there had already been “three hearings, and I ruled the same way every time.”

Douglas’s counsel argued that the February order was not a final, appealable order. After hearing

argument of counsel, the probate court stated that res judicata applied.

' The reporter’s record reflects that Douglas did not testify under oath on the witness stand and, indeed, no witness
testified under oath before the Bexar County probate court at this point in the proceedings.

-9-


APPELLEES APPENDIX

EXHIBIT 7



b. DOUGLAS J. ULBRICH, owns a Fifty percent (50%)
undivided community interest in 3939 Starhill, San Antonio, Bexar

County, Texas.

Findings of Fact — City Lots Located in Hondo, Texas
13. On August 22, 2010, the two (2) lots located at 1608 Avenue J,
Hondo, Medina County, Texas; and 1002 17" Street, Hondo, Medina County,

Texas, respectively, were owned as follows:

a. The Estate of CONSUELLA PERKINS ULBRICH, Deceased,
owns a Forty percent (40%) undivided community interest in 1608
Avenue J., Hondo, Medina County, Texas; and 1002 17" Street,
Hondo, Medina County, Texas, respectively.

b. DOUGLAS J. ULBRICH, owns a Forty percent (40%)
undivided community interest in 1608 Avenue J., Hondo, Medina
County, Texas; and 1002 17" Street, Hondo, Medina County, Texas,
respectively.

c. DOUGLAS J. ULBRICH, owns a Twenty percent (20%)
undivided separate property interest in 1608 Avenue J., Hondo,
Medina County, Texas; and 1002 17" Street, Hondo, Medina County,

Texas, respectively.

Findings of Fact — 160 Acres Located in Medina County, Texas
14. On August 22, 2010, the real property located at 5740 FM 462, North

Medina County, Texas, consisting of approximately 160 acres of rural land,

mineral rights, and water rights, was owned as follows:

3

oa3 ~«=—« W02099P1289


Bexar CAD - Property Details

Bexar CAD

Property Search Results > 532405 ULBRICH DOUGLAS J for Year 2012

Property
Account . .
Property 1D: 532405 Legal Description
Geographic 1D: 13675-002-0080 Agent Code:
Type: Real
Property Use Code: 001
Property Use Description: Single Family
Location oe
Address: 3939 STARHILL Mapsco:
‘SAN ANTONIO, TX 78218
Neighborhood: FAIRFIELO/VILL N -SOUTH Map ID;
Neighborhood CD: 98605
Owner ae ce eee
Name: ULBRICH DOUGLAS J Owner ID:
Mailing Address: 3939 STARHILL DR % Ownership:
SAN ANTONIO, TX 78218-2436
Exemptions:
Values —_

(+) Improvement Homesite Value: $79,200
(+) Improvement Non-Homesite Value: $0
(+) Land Homesite Value: $18,110

(+) Land Non-Homesite Value:

++ eett

: NCB 13675 BLK 2 LOT 8

2731786
100.0000000000%

‘$0 Ag/ Timber Use Value

(+) Agricuttural Market Valuation: $0

(+) Timber Market Valuation: $0

(=) Market Value: = $97,310

(-) Ag or Timber Use Value Reduction: — $0

(=) Appraised Value: = $97,310

(-) HS Cap: - $0

(=) Assessed Value: = $97,310
Taxing Jurisdiction .

Owner: ULBRICH DOUGLAS J

% Ownership: 100.0000000000%

Total Value: $97,310

Entity Description Tax Rate Appraised Value

06 BEXAR CO RD & FLOOD. 0.030879 $97,310

08 — SARIVER AUTH 0.017370 $97,310

09 ALAMO COM COLLEGE 0.149150 $97,310

10 UNIV HEALTH SYSTEM 0.276235 _ $97,310

11 BEXAR COUNTY 0.296187 __ $97,310

21 CITY OF SANANTONIO 0.565690 $97,310

55 NORTH EAST ISD 1.425000 $97,310.

CAD BEXAR APPRAISAL DISTRICT 0.000000 $97,310

http://www.bead.org/clientdb/Property aspx?prop gif 932405

90
$0

Page | of 3

Taxable Value Estimated Tax

$97,310
$97,310
$97,310
$97,310
$97,310
$97,310
$97,310

$29.85
$16.90
$145.14
$268.81
$288.22
$550.47
$1,386.66

$97,310 dresden FAC erisement

VO2ZT42P 1349

10/11/2014


APPELLEES APPENDIX

EXHIBIT 6



04-12-00514-CV

6. The affirmative defenses of res judicata and collateral estoppel “apply to the
court’s order dated February 13, 2012, and the court’s specific finding that 3939
Starhill, San Antonio, Texas, was the homestead of Consuella Perkins Ulbrich,
deceased, at the time of Decedant’s death.”
Douglas then filed a notice of appeal.
HOMESTEAD

Before the inventory, appraisement, and list of claims is approved or before the filing of
the affidavit in lieu of the inventory, appraisement, and list of claims, a surviving spouse may apply
to the probate court pursuant to section 271(b) of the Probate Code “to have exempt property,
including the homestead, set aside by filing an application and a verified affidavit listing all the
property that the applicant claims is exempt.” See TEx. PROB. CODE ANN. § 271(b) (West Supp.
2012). An applicant under section 271(b) “bears the burden of proof by a preponderance of the
evidence at any hearing on the application.” Id. § 271(¢). The probate court “shall set aside
property of the decedent’s estate that the court finds is exempt.” Id.

On appeal, Douglas argues that the evidence is factually insufficient to show that the
Starhill home was his and Consuella’s homestead at the time of her death and that the “great weight
and preponderance of the evidence shows that his Medina County ranch should be set aside as his
probate homestead.” The heirs counter that the issue of homestead was decided in the probate
court’s February 13, 2012, order from which Douglas did not appeal and thus the probate court
correctly determined that res judicata and collateral estoppel apply. Douglas responds that the
February 13, 2012, order was not an appealable order because the probate court did not grant or
deny his entire application pursuant to section 271, as there were still personal property issues
remaining. Thus, we must first determine whether the February 13, 2012, order was an appealable

order from which Douglas should have appealed.

-12-