On January 15, 2021 a
Motion-Secondary
was filed
involving a dispute between
Jackson-Howard, Rhonda,
Trinh, Nguyetkhanh,
and
Jackson, Lillie (Individualy And As Trustee Of The Lillie Jackson,
Jackson, Miesha K,
Pierce, Jackson Jasmine,
Trinh, Nguyetkhanh,
for Quiet Title
in the District Court of Harris County.
Preview
RHONDA JACKSON HOWARD IN THE DISTRICT COURT OF
Plaintiff
HARRIS COUNTY, TEXAS
NGUYETKHANH TRINH
Defendant. JUDICIAL DISTRICT
REPLY TO RESPONSE TO PLEA TO THE JURISDICTION
TO THE HONORABLE COURT:
Nguyetkhanh Trinh (“Trinh”) files this reply to Rhonda Jackson Howard’s
(“Plaintiff”) response to Trinh’s plea to the jurisdiction
(a) In a county in which there is a statutory
probate court, the statutory probate court has exclusive jurisdiction of all probate
proceedings (emphasis added). An “heirship determination” is a probate proceeding.
STATES ODE § 31.001. In this proceeding, Plaintiff claims that because she is
Decedent’s heir, she has a one sixth interest in the Property. Plaintiff must therefore prove
she is an heir to prevail in this proceeding; as stated herein, an heirship determination
within the exclusive jurisdiction of the probate court. Therefore, the probate court, not this
court, has exclusive jurisdiction.
Estates Code 32.005(a) further provides, “A cause of action related to the
probate proceeding must be brought in a statutory probate court unless the jurisdiction of
the statutory probate court is concurrent with the jurisdiction of a district court as provided
by Section 32.007 or with the jurisdiction of any other court.” Estates Code 31.002(c)
EPLY TO ESPONSE TO LEA TO THE URISDICTION Page
provides that “in a county in which there is a statutory probate court, a matter related to a
probate proceeding includes . . . an action for trial of title to real property that is estate
property.” (emphasis added). In the judgment in the heirship proceeding sought by Plaintiff
in probate court, the judgment must state the amount of each heir’s interest in the Property.
Tex. Estates Code § 202.201(a)(2).
3. In King v. Deutsch Bank Nat’l Trust Co., 472 S.W.3d 848, 856 (Tex. App. –
Houston [1st Dist.] 2015, no pet.), the court stated:
[T]he second sentence of [Est. Code] § 32.005(a) [the sentence quoted in
paragraph 2 herein] may reasonably be understood to mean that jurisdiction
is vested exclusively in the probate court if the claim in question is not
identified in [Est. Code] § 32.007 as a claim for which concurrent jurisdiction
exists. Accordingly, we … conclude that the statute confers on statutory
probate courts exclusive jurisdiction over causes of action related to a probate
proceeding unless § 32.007 provides that the action is subject to concurrent
jurisdiction in a district court or with the jurisdiction of any other court.
4. Estates Code § 32.007 provides:
A statutory probate court has concurrent jurisdiction with the district court in:
(1) A personal injury, survival, or wrongful death action by or against a
person in the person’s capacity as a personal representative;
(2) An action by or against a trustee;
(3) An action involving an inter vivos trust, testamentary trust, or
charitable trust, including a charitable trust as defined by Section
123.001, Property Code;
(4) An action involving a personal representative of an estate in which
each other party aligned with the personal representative is not an
interested person in that estate;
(5) An action against an agent or former agent under a power of attorney
out of the agent’s performance of the duties of an agent; and
REPLY TO RESPONSE TO PLEA TO THE JURISDICTION Page 2
(6) An action to determine the validity of a power of attorney or to
determine an agent’s rights, powers, or duties under a power of
attorney.
Because an action involving title to estate property is an action related to a probate
proceeding that does not fall with the matters over which the district court has concurrent
jurisdiction with the probate court, the probate court has exclusive jurisdiction over
Plaintiff’s claim to title the Property.
5. Plaintiff claims in her response that the Property is not “estate property”
because title vested immediately upon Decedent’s death and therefore this case does not
involve “trial of title to real property that is estate property” under § 31.002(c). It is true
that title to the Property vested immediately in Decedent’s heirs upon death. However,
Plaintiff’s argument that the Property is not estate property necessarily means that there
could never be “estate property” upon the death of any decedent, as title to a decedent’s
assets always vests in the decedent’s heirs or devisees immediately upon death.
6. In fact, the application to determine heirship filed by Plaintiff under Texas
Estates Code § 202.002 requires “the existence of estate property in Texas.” In the Estate
of Barrera, No. 05-18-01530-CV, 2020 Tex. App. LEXIS 4055, at * 11 (Tex. App. – Dallas
May 26, 2020, pet. denied); see also TEX. ESTATES CODE § 202.005(7) (requiring an
application for heirship to state “a general description of all property belonging to the
decedent’s estate”). Consistently, in the prayer for relief in her Application for Heirship,
Plaintiff prayed that “this Court determine who are the heirs and only heirs of Decedent
and their respective shares and interests in this Estate.” First Amended Plea to the
REPLY TO RESPONSE TO PLEA TO THE JURISDICTION Page 3
Jurisdiction at Ex. A at Prayer. Plaintiff’s claim that the Property is not estate property such
that the probate court has exclusive jurisdiction under § 31.002(c) fails.
7. Simply put, Plaintiff seeks the same relief in this Court that she seeks in the
probate court: a determination that she has an interest in the Property. Because the probate
court has exclusive jurisdiction over this determination, this Court lacks jurisdiction, and
the Court must dismiss this lawsuit.
WHEREFORE, Trinh respectfully requests that the Court dismiss this case for lack
of jurisdiction and grant such other and further relief to which she is entitled to receive.
Dated: April 13, 2021.
Respectfully submitted,
IRELAN MCDANIEL
A Professional Limited Liability Company
By: /s/ Kelly Conklin
Timothy M. McDaniel
State Bar No. 13525500
Kelly Conklin
State Bar No. 00793540
2520 Caroline St., 2nd Floor
Houston, Texas 77004
Phone: 713.222.7666
Fax: 713.222.7669
tmcdaniel@imtexaslaw.com
kconklin@imtexaslaw.com
COUNSEL FOR DEFENDANT
NGUYETKHANH TRINH
REPLY TO RESPONSE TO PLEA TO THE JURISDICTION Page 4
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing was served in accordance with
the Texas Rules of Civil Procedure upon the following counsel as indicated below on April
13, 2021:
BY E-FILE:
Christopher B. Heald
Attorney at Law
2060 North Loop West, Suite #220
Houston, Texas 77018
cheald@silblawfirm.com
(Counsel for Plaintiff Rhonda Jackson-Howard)
/s/ Kelly Conklin
Kelly Conklin
REPLY TO RESPONSE TO PLEA TO THE JURISDICTION Page 5
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RHONDA JACKSON HOWARD IN THE DISTRICT COURT OF Plaintiff HARRIS COUNTY, TEXAS NGUYETKHANH TRINH Defendant. JUDICIAL DISTRICT REPLY TO RESPONSE TO PLEA TO THE JURISDICTION TO THE HONORABLE COURT: Nguyetkhanh Trinh (“Trinh”) files this reply to Rhonda Jackson Howard’s (“Plaintiff”) response to Trinh’s plea to the jurisdiction (a) In a county in which there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all probate proceedings (emphasis added). An “heirship determination” is a probate proceeding. STATES ODE § 31.001. In this proceeding, Plaintiff claims that because she is Decedent’s heir, she has a one sixth interest in the Property. Plaintiff must therefore prove she is an heir to prevail in this proceeding; as stated herein, an heirship determination within the exclusive jurisdiction of the probate court. Therefore, the probate court, not this court, has exclusive jurisdiction. Estates Code 32.005(a) further provides, “A cause of action related to the probate proceeding must be brought in a statutory probate court unless the jurisdiction of the statutory probate court is concurrent with the jurisdiction of a district court as provided by Section 32.007 or with the jurisdiction of any other court.” Estates Code 31.002(c) EPLY TO ESPONSE TO LEA TO THE URISDICTION Page provides that “in a county in which there is a statutory probate court, a matter related to a probate proceeding includes . . . an action for trial of title to real property that is estate property.” (emphasis added). In the judgment in the heirship proceeding sought by Plaintiff in probate court, the judgment must state the amount of each heir’s interest in the Property. Tex. Estates Code § 202.201(a)(2). 3. In King v. Deutsch Bank Nat’l Trust Co., 472 S.W.3d 848, 856 (Tex. App. – Houston [1st Dist.] 2015, no pet.), the court stated: [T]he second sentence of [Est. Code] § 32.005(a) [the sentence quoted in paragraph 2 herein] may reasonably be understood to mean that jurisdiction is vested exclusively in the probate court if the claim in question is not identified in [Est. Code] § 32.007 as a claim for which concurrent jurisdiction exists. Accordingly, we … conclude that the statute confers on statutory probate courts exclusive jurisdiction over causes of action related to a probate proceeding unless § 32.007 provides that the action is subject to concurrent jurisdiction in a district court or with the jurisdiction of any other court. 4. Estates Code § 32.007 provides: A statutory probate court has concurrent jurisdiction with the district court in: (1) A personal injury, survival, or wrongful death action by or against a person in the person’s capacity as a personal representative; (2) An action by or against a trustee; (3) An action involving an inter vivos trust, testamentary trust, or charitable trust, including a charitable trust as defined by Section 123.001, Property Code; (4) An action involving a personal representative of an estate in which each other party aligned with the personal representative is not an interested person in that estate; (5) An action against an agent or former agent under a power of attorney out of the agent’s performance of the duties of an agent; and REPLY TO RESPONSE TO PLEA TO THE JURISDICTION Page 2 (6) An action to determine the validity of a power of attorney or to determine an agent’s rights, powers, or duties under a power of attorney. Because an action involving title to estate property is an action related to a probate proceeding that does not fall with the matters over which the district court has concurrent jurisdiction with the probate court, the probate court has exclusive jurisdiction over Plaintiff’s claim to title the Property. 5. Plaintiff claims in her response that the Property is not “estate property” because title vested immediately upon Decedent’s death and therefore this case does not involve “trial of title to real property that is estate property” under § 31.002(c). It is true that title to the Property vested immediately in Decedent’s heirs upon death. However, Plaintiff’s argument that the Property is not estate property necessarily means that there could never be “estate property” upon the death of any decedent, as title to a decedent’s assets always vests in the decedent’s heirs or devisees immediately upon death. 6. In fact, the application to determine heirship filed by Plaintiff under Texas Estates Code § 202.002 requires “the existence of estate property in Texas.” In the Estate of Barrera, No. 05-18-01530-CV, 2020 Tex. App. LEXIS 4055, at * 11 (Tex. App. – Dallas May 26, 2020, pet. denied); see also TEX. ESTATES CODE § 202.005(7) (requiring an application for heirship to state “a general description of all property belonging to the decedent’s estate”). Consistently, in the prayer for relief in her Application for Heirship, Plaintiff prayed that “this Court determine who are the heirs and only heirs of Decedent and their respective shares and interests in this Estate.” First Amended Plea to the REPLY TO RESPONSE TO PLEA TO THE JURISDICTION Page 3 Jurisdiction at Ex. A at Prayer. Plaintiff’s claim that the Property is not estate property such that the probate court has exclusive jurisdiction under § 31.002(c) fails. 7. Simply put, Plaintiff seeks the same relief in this Court that she seeks in the probate court: a determination that she has an interest in the Property. Because the probate court has exclusive jurisdiction over this determination, this Court lacks jurisdiction, and the Court must dismiss this lawsuit. WHEREFORE, Trinh respectfully requests that the Court dismiss this case for lack of jurisdiction and grant such other and further relief to which she is entitled to receive. Dated: April 13, 2021. Respectfully submitted, IRELAN MCDANIEL A Professional Limited Liability Company By: /s/ Kelly Conklin Timothy M. McDaniel State Bar No. 13525500 Kelly Conklin State Bar No. 00793540 2520 Caroline St., 2nd Floor Houston, Texas 77004 Phone: 713.222.7666 Fax: 713.222.7669 tmcdaniel@imtexaslaw.com kconklin@imtexaslaw.com COUNSEL FOR DEFENDANT NGUYETKHANH TRINH REPLY TO RESPONSE TO PLEA TO THE JURISDICTION Page 4 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was served in accordance with the Texas Rules of Civil Procedure upon the following counsel as indicated below on April 13, 2021: BY E-FILE: Christopher B. Heald Attorney at Law 2060 North Loop West, Suite #220 Houston, Texas 77018 cheald@silblawfirm.com (Counsel for Plaintiff Rhonda Jackson-Howard) /s/ Kelly Conklin Kelly Conklin REPLY TO RESPONSE TO PLEA TO THE JURISDICTION Page 5