FILED

9/16/2015 9:43:29 AM
JOHN F. WARREN
COUNTY CLERK
DALLAS COUNTY

PR-15- -2
NO. ______________

ESTATE OF § IN THE PROBATE COURT

§
COREY DEWAYNE § NO. ____
§
DECEASED § DALLAS COUNTY, TEXAS

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR

TO THE HONORABLE JUDGE OF SAID COURT:

NOEMI N. (“Applicant”), furnishes the following information for the

appointment of a Temporary Administrator for the Estate of Corey DeWayne

(“Decedent”) and for issuance of Letters of Temporary Administration to Applicant.

1. Decedent died on August 21, 2015, in Dallas, Dallas County, Texas, at the age of 35

years, at which time Decedent was domiciled and resided at 7900 Avenue, Dallas,

Texas 75231. Four years have not elapsed since Decedent’s death.

2. This Court has jurisdiction and venue because Decedent was domiciled and had a fixed

place of residence in Dallas County, Texas, on the date of his death.

3. A necessity exists for the immediate appointment of Decedent’s estate. The interest of

Decedent’s estate requires immediate appointment of a personal representative because Decedent

owned and operated retail pharmacy stores. These are ongoing businesses, and to keep the

businesses in operation, an authorized person must take charge of the businesses immediately so

that the doors may remain open, that sales can be made, goods can be ordered and paid for, payrolls

can be met and inventory (such as medication) can be protected and properly secured.

Additionally, an authorized person will need to collect income, pay expenses, maintain inventory,

file necessary and required insurance documents, and protect the businesses.

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR - PAGE 1

 4. Applicant would be a suitable temporary representative and is domiciled and resides at

7900 Avenue, Dallas, Texas 75231. Applicant is Decedent’s surviving spouse.

5. Decedent died intestate, to the best knowledge and belief of Applicant.

6. To the best knowledge and belief of Applicant, the names, ages, residences and marital

status of Decedent’s heirs, and the relationship of each heir to the Decedent are as follows:

Name, Residence, Relationship to Interest in

Age and Marital Status Decedent Estate

Noemi N. Wife 100% interest in Community

Age: 25, Widowed Property; Undivided one-
7900 Avenue third life estate interest in
Dallas, Texas 75231 Decedent’s Separate Real
Property; and 1/3 interest in
Separate Personal Property

Liliana A. Minor Child Undivided two-thirds interest

Age: 10 months in Decedent’s Separate Real
7900 Avenue Property subject to one-third
Dallas, Texas 75231 life estate interest; and 2/3
interest in Separate Personal
Property

7. The only child born to or adopted by Decedent was Liliana A. born

October 22, 2014.

8. Decedent was never divorced. Decedent was survived by his wife, Noemi N.

This was Decedent’s only marriage during his lifetime

9. Applicant believes that Decedent’s estate is composed of real and personal property

generally described as a house, cash, securities, automobiles, interests in multiple LLCs and related

business interests, household goods and personal effects, of a probably value in excess of

$3,000,000. Applicant will file a complete inventory of the assets, but at this time has identified

the following assets and liabilities listed in Exhibit A, which is attached hereto and incorporated

herein by reference.

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR - PAGE 2

 10. As noted above, Decedent owned several businesses at the time of his death. Above

the Measure Investments, Inc., Above the Measure, LLC, and Above the Measure Realty, LLC

were owned entirely by the Decedent and currently have no living manager. QCP Wylie, LLC was

co-owned by Jonathan Craig Goodson, a 30% minority owner, who is currently managing that

particular pharmacy located in Wylie, Texas without the consent of the majority owned by

Decedent. Above the Measure Investments, Inc., Above the Measure, LLC, and Above the

Measure Realty, LLC are operating businesses, including an additional pharmacy in Ennis, Texas,

that require daily management that include, among other things, safeguarding business property;

paying business expenses; managing, paying, hiring, and firing employees; managing business

finances; and other business related tasks. The Estate of Decedent will be irreparably harmed if an

administrator is not appointed immediately to manage the businesses, particularly the ones that

currently have no management whatsoever.

11. Applicant has reason to believe, and does believe, that certain employees of the

businesses may be taking advantage of the fact there is no one with authority to manage the

pharmacy owned wholly by Decedent in Ennis, Texas. Considering the nature of sensitive

materials contained within the pharmacy, the need for immediate relief is even more evident and

requires immediate Court intervention and relief.

12. There is an immediate necessity for the appointment of a temporary administrator to

preserve and protect the property of the Decedent’s estate, including, but not limited to, the

following: safeguard property owned by businesses that were owned by Decedent, make payments

for business expenses, manage, hire, and fire employees of the businesses, manage day to day

operations for the businesses, access accounts owned and operated by businesses, ensure the day

to day operations of the businesses continue, make payments on Decedent’s mortgage securing

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR - PAGE 3

real property to prevent default; maintain and secure Decedent’s real property with proper

insurance and utilities; file Decedent’s final income tax return and pay any taxes due; and, to

negotiate, manage and maintain rental properties and the income therefrom.

13. The temporary administrator of this estate should be given the following duties and

powers:

a. To take charge, possession, and safeguard the business interests in QCP Wylie,

LLC, operating a retail pharmacy known as “Quality Care Pharmacy and

Compounding,” located at 2300 FM 544, Wylie, Collin County, Texas (“the

Wylie Business”), including all the assets belonging to the Wylie Business;

b. To take charge, possession, and safeguard the business interests in Above the

Measure, LLC, 601 South Clay Street, Suite 108, Ennis, Texas 75119 (“the

Ennis Business”)(the Wylie Business and Ennis Business to be collectively

referred to at times as the “Businesses”), including all the assets belonging to the

Ennis Business;

c. To carry on the usual and customary operation of the Businesses, including but

not limited to the power to collect all accounts receivable, to pay all accounts

payable and other debts of the Businesses when due, to pay the salaries of all

employees, to hire and fire employees, to order and pay for additional goods and

merchandise, and to do every other act necessary to continue the operation of the

Businesses pending further order of this Court;

d. To take possession of all cash on hand or on deposit belonging to Decedent or to

the Businesses; to open new accounts and to be the authorized signatory on

those accounts; to borrow money to continue the operation of the Businesses and
to pledge any assets of the Businesses to secure the payment of any such loans;

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR - PAGE 4

 e. To execute and deliver any instruments necessary to continue the operation of

the Businesses; to employ accountants, additional employees, and attorneys to

assist in the operation of the Businesses and in this temporary administration; to

pay court costs and all necessary expenses and attorney’s fees; to sue or defend

lawsuits; and to exercise any rights necessary to protect the Business or any

assets of the Business.

f. To preserve and protect all other property of Decedent’s Estate;

g. To reimburse amounts paid for the funeral of Decedent and any mortgage

payments, utility payments or insurance payments on the residence of Decedent;

h. To open estate bank accounts as necessary;

i. To secure Decedent’s residence and provide for proper insurance and utilities;

j. To collect, receive and deposit all money, accounts (including bank accounts),

rent, lease amounts, and claims owing to Decedent, held by the estate, payable to

the estate, or subject to administration of the estate;

k. To file all necessary federal and state tax returns due by the Decedent and the

Decedent’s estate, and to pay all taxes due; and

l. To operate, maintain, negotiate, and collect on leases for any rental properties

owned by Decedent, held by the estate, payable to the estate, or subject to

administration of the estate.

14. Applicant is entitled to receive Letters of Temporary Administration and is not

disqualified by law from serving as Temporary Administrator.

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR - PAGE 5

 Wherefore, Applicant prays that citation issue as required by law to all persons interested

in this Estate; that Letters of Temporary Administration be issued to Applicant; and that all other

orders be entered as the Court may deem proper.

Respectfully submitted,

WALKER & DOEPFNER, P.C.

By: /s/ Karl T. Bryant

Karl T. Bryant
State Bar No. 24027412
Email: Karl@W-Dlaw.com
R. Scott Walker
State Bar No. 20729070
Email: Scott@W-Dlaw.com
Jeremy M. Lee
State Bar No. 24046281
Email: Jeremy@W-Dlaw.com
Stephen S. Coy
State Bar No. 24069543
Email: Stephen@W-Dlaw.com

Walker & Doepfner, P.C.

16479 Dallas Parkway, Suite 500
Addison, Texas 75001
(214) 987-9500 - Telephone
(214) 987-9505 - Facsimile

ATTORNEYS FOR APPLICANT

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR - PAGE 6

STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS :
COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared NOEMI N.
and after being duly sworn, stated that:

Insofar as is known to me, all the allegations of the foregoing Application for Appointment
of Temporary Administrator are true in substance and in fact, and no material fact or circumstance
has, within my knowledge, been omitted from the Application .

. , ~
NOEMI N .

SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on the ~\'\
day of September, 2015.

JUDI OGINSKY
t.f'{ COMMISSION EXPIRES
MaIt:h 24, 2016

APPLICATION FOR APPOrNTMENT OF TEMPORARY ADMINISTRATOR - PAGE 7

 EXHIBIT A

REAL PROPERTY

Decedent’s separate property interest in the following real property:

1. Real property located at 7900 Dallas, Texas 75231 $587,410.00

LESS mortgage owed to Bank of Texas $400,059.32

TOTAL REAL PROPERTY $187,350.68

STOCKS AND BONDS

Decedent’s separate property interest in the following stocks and bonds:

1. E-Trade Brokerage Account ending in 0239 $231.46

2. E-Trade Brokerage Account ending in 4235 $2,820.49

3. MML Investor Services Brokerage Account ending in 4797 $151,585.59

4. Brinker Capital Brokerage Account ending in 1352 $165,943.52

(Community Property)

LESS: Surviving Spouse’s one-half (1/2) interest $82,971.76

TOTAL STOCKS AND BONDS $237,609.30

MORTGAGES, NOTES AND CASH

Decedent’s separate property interest in the following mortgages, notes and cash:

1. Bank of Texas Money Market Account ending in 3485 $4,349.00

2. Bank of America Checking Account ending in 0282 $27,710.81

3. Bank of America Savings Account ending in 3342 $191.36

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR - PAGE 8

 TOTAL MORTGAGES, NOTES AND CASH $32,251.17

JOINTLY OWNED PROPERTY

Decedent’s community property interest in the following jointly owned property:

1. Mass Mutual Life Insurance Policy on Noemi ending in $2,749.55

4317

2. Mass Mutual Life Insurance Policy on Noemi ending in $3,396.19

4420

Total Community Jointly Owned Property $6,145.74

LESS: Surviving Spouse’s one-half (1/2) interest $3,072.87

TOTAL JOINTLY OWNED PROPERTY $3,072.87

MISCELLANEOUS PROPERTY

Decedent’s separate property interest in the following miscellaneous property:

1. BMW 7 Series, 139,145 miles, VIN ending in 0376 $8,957.00

2. Kia Rio (mileage currently unknown), VIN ending in 0564 $5,000.00

3. A 100% interest in Above the Measure, LLC $1,844,303.00

4. A 70% interest in QCP Wylie, LLC $169,373.00

5. Household goods and personal belongings $50,000.00

TOTAL MISCELLANEOUS PROPERTY $2,077,633.00

ESTIMATED TOTAL VALUE FOR THE ESTATE OF COREY $2,537,917

APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR - PAGE 9