Preview
Electronically Filed
3/15/2024 2:47 PM
Filed: 3/8/2023 8:18 AM
Hidalgo County Clerk
AcceptedJrby: Sarah Reyes
Humberto Bert Gonzalez
P-42682
County Clerk
Starr County, Texas
Lilia Rodriguez
CAUSE NO. PR-21-077
IN THE MATTER OF THE ESTATE OF § IN THE COUNTY
§
MARIA ETICA REYNAGA VALDEZ, § COURT-AT-LAW NO. 1
§
DECEASED § OF STARR COUNTY, TEXAS
WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING
AND MOTION FOR ISSUANCE OF AN ORDER TO SHOW CAUSE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Laura Ann Karam (“Movant”), an heir of Decedent Maria Etica Reynaga
Valdez, by and through the undersigned counsel, to file her Written Objections to the Sworn
Accounting filed herein by Maria Del Carmen Soliz, to move the Court for an Order to Show
Cause why Maria Del Carmen Soliz should not be held in Contempt of Court, and to respectfully
show as follows:
SUMMARY
1. On January 30, 2023, this Court rescinded its previous order appointing Maria Del
Carmen Soliz as Administration of the Estate of Maria Etica Reynaga Valdez. The Court
subsequently held a status conference on February 7, 2023, where the Court ordered Maria Del
Carmen Soliz to render an accounting of any and all property of the Estate of Maria Etica Reynaga
Valdez.
2. On February 17, 2023, Maria Del Carmen Soliz filed her Sworn Accounting with
the Court. The document failed to comply with the Court’s order of February 7, 2023, as it failed
to include most of the property owned by the Estate of Maria Etica Reynaga Valdez of which
Maria Del Carmen Soliz had been the duly authorized and sworn administrator for more than a
year. Rather, the Sworn Accounting is limited to contentions regarding a single transaction
WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING
AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 1
Electronically Filed
3/15/2024 2:47 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes
alleged to have occurred prior to the time Maria Del Carmen Soliz was appointed administrator of
the Estate of Maria Etica Reynaga Valdez.
3. The Written Objections shown below are assets of the Estate of Maria Etica
Reynaga Valdez for which Maria Del Carmen Soliz must account for in order to comply with this
Court’s order of February 7, 2023.
4. As described below, the failure of Maria Del Carmen Soliz to comply with this
Court’s order of February 7, 2023, is but the latest in a series of misfeasance and malfeasance by
her when dealing with the Court. Accordingly, Movant requests this Court to issue an order to
show cause why Maria Del Carmen Soliz should not be held in contempt of court for her failure
to comply with the Court’s order of February 7, 2023.
WRITTEN OBJECTIONS
5. Decedent Maria Etica Reynaga Valdez died vested an owner of multiple tracts of
land that are not included on the Sworn Accounting. The tax records of Starr County show that,
at the time of her death, she owned an interest in each of the following:
n Lot 2, Block 65, Town of Rio Grande City,
n Lot 5, Block 87, Town of Rio Grande City,
n Lot 6, Block 87, Town of Rio Grande City,
n 57 acres of land in Abstract 289, Porcion 58 J. Chapa,
n 2.68 acres of land in Abstract 843, Porcion 60 B. Farias Grant,
n 1.00 acre of land in Abstract 283, Porcion 61 M. D. Peña Grant,
n 1.66 acres of land in Abstract 329, Porcion 63 Y. Gutierrez Grant, and
n 2.00 acres of land in Abstract 102, Porcion 103 M. Gonzalez Grant.
None of the above-referenced properties are shown on the Sworn Accounting.
WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING
AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 2
Electronically Filed
3/15/2024 2:47 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes
6. Upon information and belief, Decedent Maria Etica Reynaga Valdez died vested
an owner of various personal property that is not included on the Sworn Accounting, including:
n a piano,
n a safe,
n the documents and other items inside the safe,
n family heirlooms including family pictures,
n a freezer,
n patio furniture,
n a dining room table and chairs,
n other furniture, including beds and dressers,
n natural gas stoves,
n dishes, personal effects, and other personal property of Decedent Maria Etica Reynaga
Valdez removed from the residence located at 601 N. Garza, Rio Grande City, Texas,
and
n sales proceeds of livestock believed to be owned by the decedent.
None of the above-referenced items are shown on the Sworn Accounting.
7. Rather than filing a proper accounting to advise the Court of her management of
the Estate Maria Etica Reynaga Valdez and otherwise comply with the Court’s order of February
7, 2023, Maria Del Carmen Soliz chose to file a self-interested accounting that served only to urge
the Court of alleged wrongdoing by Movant and by Johnny Valdez, another heir of the estate.
MOTION FOR ISSUANCE OF AN ORDER TO SHOW CAUSE
8. The filing of the Sworn Accounting is the latest chapter in a series of misfeasance
and malfeasance committed by Maria Del Carmen Soliz before, during, and after her appointment
as Independent Administrator of the Estate of Maria Etica Reynaga Valdez. Given Maria Del
WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING
AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 3
Electronically Filed
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Hidalgo County Clerk
Accepted by: Sarah Reyes
Carmen Soliz’s failure to comply with the Court’s order of February 7, 2023, Movant hereby
requests the Court to issue a show cause order and hold an evidentiary hearing for Maria Del
Carmen Soliz to show cause why she should not be held in contempt of court for her failure to
comply with the said order.
9. On November 15, 2021, Maria Del Carmen Soliz filed an Application to Open an
Independent Administration and For Issuance of Letters of Independent Administration (the
“Application”). The Application states, “All the heirs or interested persons to the Estate of Maria
Etica Reynaga Valdez will be cited to appear or, in the alternative, they will file Waivers of
Citation and Entries of Appearance.” There is no evidence in the file of this cause to demonstrate
that any heirs of Decedent received notice of the Application.
10. The Application also states that Decedent Maria Etica Reynaga Valdez “was
domiciled and had a fixed place of residence . . . in Starr, County Texas, on the date of her death.”
This representation to the Court was knowingly false in that Maria Del Carmen Soliz knew that
the decedent had resided in Hidalgo County for more than fifteen (15) years immediately prior to
her death.
11. No proceeding to declare heirship under Chapter 202 of the Texas Estate Code was
conducted prior to the filing of the Application. Similarly, there is nothing in the file of this cause
which demonstrates that the other heirs of the decedent assented to an independent administration
of the estate. The Application was heard by this Court on February 10, 2022, and granted.
12. Counsel for Maria Del Carmen Soliz subsequently presented an order to the Court
authorizing the independent administration of decedent’s estate, appointing Maria Del Carmen
Soliz Independent Administrator of Decedent’s estate, and for the issuance of letters of
administration. The Order Authorizing Independent Administration of the Estate of Maria Etica
WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING
AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 4
Electronically Filed
3/15/2024 2:47 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes
Reynaga Valdez, Deceased and Issues of Letters of Independent Administration was entered by
the Court on March 16, 2022.
13. Pursuant to the Order, Maria Del Carmen Soliz has taken action as Independent
Administratrix of Decedent’s estate, including the filing of the Independent Administratrix’
Motion to Appoint Trustee(s) to Convey Tracts of Land to the Testamentary Trust’s Beneficiaries
on June 29, 2022. The Motion to Appoint Trustee(s) was made without notice to Decedent’s
heirs, some of whom have had vested property rights in the real property that is the subject of the
motion for more than forty (40) years. The Court heard the Motion to Appoint Trustee on
September 29, 2022. A written order denying the motion was subsequently entered.
14. On or about October 7, 2022, Maria Del Carmen Soliz filed a Supplemental Petition
to Declare and Determine Heirship (the “Supplemental Petition”). The Supplemental Petition
was signed by Maria Del Carmen Soliz under oath to be true in substance and in fact. Maria Del
Carmen Soliz again misrepresented to the Court that the decedent was domiciled in Starr County
when she knew that the decedent had resided in Hidalgo County for more than fifteen (15) years
immediately prior to her death.
15. A court can exert its contempt power through two types of contempt orders—civil
and criminal. Galtex Prop. Investors, Inc. v. City of Galveston, 113 S.W.3d 922, 927 (Tex. App. –
Houston [14th Dist.] 2003, no pet.). A criminal contempt order punishes a party for disobedience
of a court order. Id. The maximum punishment that a court can assess under its criminal contempt
power is a fine of not more than $500, or confinement in the county jail for not more than six
months, or both. TEX. CIV. PRAC. & REM. CODE § 21.002(b). Alternatively, a civil contempt order
is used to coerce a party to comply with an order of the court. Galtex Prop., 113 S.W.3d at 927.
WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING
AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 5
Electronically Filed
3/15/2024 2:47 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes
For civil contempt, the statute does not limit the maximum fine that a court can impose for a civil
contempt order. Id.
16. Should the Court determine, after notice and an evidentiary hearing, that Maria Del
Carmen Soliz is guilty of criminal contempt of Court, Movant requests the Court to issue written
findings memorializing that fact, and punish her for criminal contempt by imposing the maximum
fine permitted by law (which is $500.00), and consider whether the evidence warrants some
material period of jail time for the relevant decision-maker. TEX. GOV’T CODE § 21.002(b).
17. If the Court finds that Maria Del Carmen Soliz is guilty of civil contempt of court,
Movant requests the Court to issue written findings memorializing that fact, and punish her for
civil contempt by imposing a fine within the Court’s discretion, but in an amount not less than
$150.00 per day for each day Maria Del Carmen Soliz has been, or continues to be, in contempt.
Notably, Section 21.002(b) does not limit the maximum fine the Court can impose for civil
contempt. See In re Reece, 341 S.W.3d 360, 366 n.9 (Tex. 2011); Galtex Prop., 113 S.W.3d at 927
(Tex. App.—Houston [14th Dist.] 2003, no pet.).
18. If the Court decides to impose a fine, it should be made payable to the Starr County
Clerk, since the Court may not use its contempt power to provide a damages recovery to a private
litigant. Galtex Prop., 113 S.W.3d at 928.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Laura Ann Karam prays the Court hold an
evidentiary hearing to determine the accuracy of the Sworn Accounting, find that the Sworn
Accounting does not comply with the order of this Court on February 7, 2023, order compliance
with the order of this Court on February 7, 2023, issue a show cause order directing Maria Del
Carmen Soliz to show why she should not be held in contempt of court for her failure to comply
WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING
AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 6
Electronically Filed
3/15/2024 2:47 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes
with the Court’s order of February 7, 2023, and for such other and further relief as may be proper
and just in law or in equity.
Respectfully submitted,
PEÑA ALECZANDER
3900 North 10th Street, Suite 1050
McAllen, Texas 78501
Phone: (956) 948-2221
Fax: (888) 422-6821
By: /s/ James A. Gleason
James A. Gleason
State Bar No. 24106006
jgleason@penaaleczander.com
Jaime Peña
State Bar No. 90001988
jpena@penaaleczander.com
ATTORNEYS FOR LAURA ANN KARAM
WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING
AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 7
Electronically Filed
3/15/2024 2:47 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF HIDALGO §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Laura Ann Karam, who, being by me first duly sworn, on oath deposed
and said:
“I am over the age of eighteen years and otherwise competent to make this Affidavit; I have read
the above Written Objections 0f Laura Ann Karam to Sworn Accounting and Motion for
Issuance of Order to
are true in substance
believe to be true.”
Show
and in fact, except those matters stated
/Laura
o
Ann Karam
SWORN TO AND SUBSCRIBED before me by Laura Ann Karam on this 7th day of
AA a
Cause. A11 of the allegations contained in such obj ections and motion
upon information and belief, whichI
March, 2023, to certify which witness my hand and seal of office.
%,/MWML flMWW
ofar3/Public, State of Texas
4’31”" Jacqueline Caslenanos
?xfi' My Commlasm Elvira
05/01/2024
.5» $9
mofl‘s- noun 132461235
WRITTEN OBJECHONS 0F LAURA ANN KARAM To SWORN ACCOUNTING
AND MOTION ron ISSUANCE or ORDER 'ro SHow CAUSE PAGE a
Electronically Filed
3/15/2024 2:47 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document was on
this the 7th of March, 2023, served on all counsel of record as follows:
Margil Sanchez, Jr.
Attorney at Law
P. O.Box 297
Rio Grande City, TX 78582
msjlaw@yahoo.com
Calixtro Villareal
Attorney at Law
205 W. Main Street
Rio Grande City, TX 78582
cal orlaw@hotmail.com
Robert L. Steindel
Law Office of Robert L. Steindel
3827 N. 10th St., Suite 302
McAllen, TX 78504
rsteindel96@gmail.com
By: /s/ James A. Gleason
WmmN Omcnous or LAURA ANN KARAM 1'0 Swmm ACCOUNTING
AND MOTION FOR ISSUANCE 0F ORDER To Snow CAUSE PAGE 9
Electronically Filed
3/15/2024 2:47 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 73437421
Status as of 3/8/2023 8:20 AM CST
Associated Case Party: MARIA ETICA REYNAGA VALDEZ
Name BarNumber Email TimestampSubmitted Status
Margil Sanchez 17570800 msjlaw@yahoo.com 3/7/2023 4:44:44 PM SENT
Associated Case Party: JUAN ANTONIO VALDEZ
Name BarNumber Email TimestampSubmitted Status
Robert CSteindel rsteindel96@gmail.com 3/7/2023 4:44:44 PM SENT
Robert CSteindel rcs.96@yahoo.com 3/7/2023 4:44:44 PM SENT
Associated Case Party: LAW OFFICE OF CALIXTRO VILLARREAL
Name BarNumber Email TimestampSubmitted Status
Calixtro Villarreal cal_orlaw@hotmail.com 3/7/2023 4:44:44 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jaime Pena jpena@penaaleczander.com 3/7/2023 4:44:44 PM SENT
James A.Gleason jgleason@penaaleczander.com 3/7/2023 4:44:44 PM SENT
Selene Suarez ssuarez@penaaleczander.com 3/7/2023 4:44:44 PM SENT
Jacqueline Castellanos jcastellanos@penaaleczander.com 3/7/2023 4:44:44 PM SENT
james Gleason msaldana@penaaleczander.com 3/7/2023 4:44:44 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 85614089
Filing Code Description: Order Filed
Filing Description: ORDER SETTING HEARING ON APPLICATION FOR
LETTERS OF ADMINISTRATION.
Status as of 3/15/2024 3:16 PM CST
Associated Case Party: MARIA ETICA REYNAGA VALDEZ
Name BarNumber Email TimestampSubmitted Status
James A.Gleason jgleason@penaaleczander.com 3/15/2024 2:47:05 PM SENT
Selene Suarez ssuarez@penaaleczander.com 3/15/2024 2:47:05 PM SENT
Jonathan Cantu jcantu@penaaleczander.com 3/15/2024 2:47:05 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MARGIL SANCHEZ, JR MSJLAW@YAHOO.COM 3/15/2024 2:47:05 PM SENT
JAMES A.GLEASON JGLEASON@PENAALECZANDER.COM 3/15/2024 2:47:05 PM SENT
CALIXTRO VILLARREAL CAL_ORLAW@HOTMAIL.COM 3/15/2024 2:47:05 PM SENT
ELOY GARCIA, JR ELOYGARCIAJR@GMAIL.COM 3/15/2024 2:47:05 PM SENT
ROBERT L.STEINDEL RSTEINDEL96@GMAIL.COM 3/15/2024 2:47:05 PM SENT
OMAR ESCOBAR OMARESCOBARJR@GMAIL.COM 3/15/2024 2:47:05 PM SENT
Preview
Electronically Filed 3/15/2024 2:47 PM Filed: 3/8/2023 8:18 AM Hidalgo County Clerk AcceptedJrby: Sarah Reyes Humberto Bert Gonzalez P-42682 County Clerk Starr County, Texas Lilia Rodriguez CAUSE NO. PR-21-077 IN THE MATTER OF THE ESTATE OF § IN THE COUNTY § MARIA ETICA REYNAGA VALDEZ, § COURT-AT-LAW NO. 1 § DECEASED § OF STARR COUNTY, TEXAS WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING AND MOTION FOR ISSUANCE OF AN ORDER TO SHOW CAUSE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Laura Ann Karam (“Movant”), an heir of Decedent Maria Etica Reynaga Valdez, by and through the undersigned counsel, to file her Written Objections to the Sworn Accounting filed herein by Maria Del Carmen Soliz, to move the Court for an Order to Show Cause why Maria Del Carmen Soliz should not be held in Contempt of Court, and to respectfully show as follows: SUMMARY 1. On January 30, 2023, this Court rescinded its previous order appointing Maria Del Carmen Soliz as Administration of the Estate of Maria Etica Reynaga Valdez. The Court subsequently held a status conference on February 7, 2023, where the Court ordered Maria Del Carmen Soliz to render an accounting of any and all property of the Estate of Maria Etica Reynaga Valdez. 2. On February 17, 2023, Maria Del Carmen Soliz filed her Sworn Accounting with the Court. The document failed to comply with the Court’s order of February 7, 2023, as it failed to include most of the property owned by the Estate of Maria Etica Reynaga Valdez of which Maria Del Carmen Soliz had been the duly authorized and sworn administrator for more than a year. Rather, the Sworn Accounting is limited to contentions regarding a single transaction WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 1 Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes alleged to have occurred prior to the time Maria Del Carmen Soliz was appointed administrator of the Estate of Maria Etica Reynaga Valdez. 3. The Written Objections shown below are assets of the Estate of Maria Etica Reynaga Valdez for which Maria Del Carmen Soliz must account for in order to comply with this Court’s order of February 7, 2023. 4. As described below, the failure of Maria Del Carmen Soliz to comply with this Court’s order of February 7, 2023, is but the latest in a series of misfeasance and malfeasance by her when dealing with the Court. Accordingly, Movant requests this Court to issue an order to show cause why Maria Del Carmen Soliz should not be held in contempt of court for her failure to comply with the Court’s order of February 7, 2023. WRITTEN OBJECTIONS 5. Decedent Maria Etica Reynaga Valdez died vested an owner of multiple tracts of land that are not included on the Sworn Accounting. The tax records of Starr County show that, at the time of her death, she owned an interest in each of the following: n Lot 2, Block 65, Town of Rio Grande City, n Lot 5, Block 87, Town of Rio Grande City, n Lot 6, Block 87, Town of Rio Grande City, n 57 acres of land in Abstract 289, Porcion 58 J. Chapa, n 2.68 acres of land in Abstract 843, Porcion 60 B. Farias Grant, n 1.00 acre of land in Abstract 283, Porcion 61 M. D. Peña Grant, n 1.66 acres of land in Abstract 329, Porcion 63 Y. Gutierrez Grant, and n 2.00 acres of land in Abstract 102, Porcion 103 M. Gonzalez Grant. None of the above-referenced properties are shown on the Sworn Accounting. WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 2 Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes 6. Upon information and belief, Decedent Maria Etica Reynaga Valdez died vested an owner of various personal property that is not included on the Sworn Accounting, including: n a piano, n a safe, n the documents and other items inside the safe, n family heirlooms including family pictures, n a freezer, n patio furniture, n a dining room table and chairs, n other furniture, including beds and dressers, n natural gas stoves, n dishes, personal effects, and other personal property of Decedent Maria Etica Reynaga Valdez removed from the residence located at 601 N. Garza, Rio Grande City, Texas, and n sales proceeds of livestock believed to be owned by the decedent. None of the above-referenced items are shown on the Sworn Accounting. 7. Rather than filing a proper accounting to advise the Court of her management of the Estate Maria Etica Reynaga Valdez and otherwise comply with the Court’s order of February 7, 2023, Maria Del Carmen Soliz chose to file a self-interested accounting that served only to urge the Court of alleged wrongdoing by Movant and by Johnny Valdez, another heir of the estate. MOTION FOR ISSUANCE OF AN ORDER TO SHOW CAUSE 8. The filing of the Sworn Accounting is the latest chapter in a series of misfeasance and malfeasance committed by Maria Del Carmen Soliz before, during, and after her appointment as Independent Administrator of the Estate of Maria Etica Reynaga Valdez. Given Maria Del WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 3 Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes Carmen Soliz’s failure to comply with the Court’s order of February 7, 2023, Movant hereby requests the Court to issue a show cause order and hold an evidentiary hearing for Maria Del Carmen Soliz to show cause why she should not be held in contempt of court for her failure to comply with the said order. 9. On November 15, 2021, Maria Del Carmen Soliz filed an Application to Open an Independent Administration and For Issuance of Letters of Independent Administration (the “Application”). The Application states, “All the heirs or interested persons to the Estate of Maria Etica Reynaga Valdez will be cited to appear or, in the alternative, they will file Waivers of Citation and Entries of Appearance.” There is no evidence in the file of this cause to demonstrate that any heirs of Decedent received notice of the Application. 10. The Application also states that Decedent Maria Etica Reynaga Valdez “was domiciled and had a fixed place of residence . . . in Starr, County Texas, on the date of her death.” This representation to the Court was knowingly false in that Maria Del Carmen Soliz knew that the decedent had resided in Hidalgo County for more than fifteen (15) years immediately prior to her death. 11. No proceeding to declare heirship under Chapter 202 of the Texas Estate Code was conducted prior to the filing of the Application. Similarly, there is nothing in the file of this cause which demonstrates that the other heirs of the decedent assented to an independent administration of the estate. The Application was heard by this Court on February 10, 2022, and granted. 12. Counsel for Maria Del Carmen Soliz subsequently presented an order to the Court authorizing the independent administration of decedent’s estate, appointing Maria Del Carmen Soliz Independent Administrator of Decedent’s estate, and for the issuance of letters of administration. The Order Authorizing Independent Administration of the Estate of Maria Etica WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 4 Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes Reynaga Valdez, Deceased and Issues of Letters of Independent Administration was entered by the Court on March 16, 2022. 13. Pursuant to the Order, Maria Del Carmen Soliz has taken action as Independent Administratrix of Decedent’s estate, including the filing of the Independent Administratrix’ Motion to Appoint Trustee(s) to Convey Tracts of Land to the Testamentary Trust’s Beneficiaries on June 29, 2022. The Motion to Appoint Trustee(s) was made without notice to Decedent’s heirs, some of whom have had vested property rights in the real property that is the subject of the motion for more than forty (40) years. The Court heard the Motion to Appoint Trustee on September 29, 2022. A written order denying the motion was subsequently entered. 14. On or about October 7, 2022, Maria Del Carmen Soliz filed a Supplemental Petition to Declare and Determine Heirship (the “Supplemental Petition”). The Supplemental Petition was signed by Maria Del Carmen Soliz under oath to be true in substance and in fact. Maria Del Carmen Soliz again misrepresented to the Court that the decedent was domiciled in Starr County when she knew that the decedent had resided in Hidalgo County for more than fifteen (15) years immediately prior to her death. 15. A court can exert its contempt power through two types of contempt orders—civil and criminal. Galtex Prop. Investors, Inc. v. City of Galveston, 113 S.W.3d 922, 927 (Tex. App. – Houston [14th Dist.] 2003, no pet.). A criminal contempt order punishes a party for disobedience of a court order. Id. The maximum punishment that a court can assess under its criminal contempt power is a fine of not more than $500, or confinement in the county jail for not more than six months, or both. TEX. CIV. PRAC. & REM. CODE § 21.002(b). Alternatively, a civil contempt order is used to coerce a party to comply with an order of the court. Galtex Prop., 113 S.W.3d at 927. WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 5 Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes For civil contempt, the statute does not limit the maximum fine that a court can impose for a civil contempt order. Id. 16. Should the Court determine, after notice and an evidentiary hearing, that Maria Del Carmen Soliz is guilty of criminal contempt of Court, Movant requests the Court to issue written findings memorializing that fact, and punish her for criminal contempt by imposing the maximum fine permitted by law (which is $500.00), and consider whether the evidence warrants some material period of jail time for the relevant decision-maker. TEX. GOV’T CODE § 21.002(b). 17. If the Court finds that Maria Del Carmen Soliz is guilty of civil contempt of court, Movant requests the Court to issue written findings memorializing that fact, and punish her for civil contempt by imposing a fine within the Court’s discretion, but in an amount not less than $150.00 per day for each day Maria Del Carmen Soliz has been, or continues to be, in contempt. Notably, Section 21.002(b) does not limit the maximum fine the Court can impose for civil contempt. See In re Reece, 341 S.W.3d 360, 366 n.9 (Tex. 2011); Galtex Prop., 113 S.W.3d at 927 (Tex. App.—Houston [14th Dist.] 2003, no pet.). 18. If the Court decides to impose a fine, it should be made payable to the Starr County Clerk, since the Court may not use its contempt power to provide a damages recovery to a private litigant. Galtex Prop., 113 S.W.3d at 928. PRAYER WHEREFORE, PREMISES CONSIDERED, Laura Ann Karam prays the Court hold an evidentiary hearing to determine the accuracy of the Sworn Accounting, find that the Sworn Accounting does not comply with the order of this Court on February 7, 2023, order compliance with the order of this Court on February 7, 2023, issue a show cause order directing Maria Del Carmen Soliz to show why she should not be held in contempt of court for her failure to comply WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 6 Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes with the Court’s order of February 7, 2023, and for such other and further relief as may be proper and just in law or in equity. Respectfully submitted, PEÑA ALECZANDER 3900 North 10th Street, Suite 1050 McAllen, Texas 78501 Phone: (956) 948-2221 Fax: (888) 422-6821 By: /s/ James A. Gleason James A. Gleason State Bar No. 24106006 jgleason@penaaleczander.com Jaime Peña State Bar No. 90001988 jpena@penaaleczander.com ATTORNEYS FOR LAURA ANN KARAM WRITTEN OBJECTIONS OF LAURA ANN KARAM TO SWORN ACCOUNTING AND MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE PAGE 7 Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes VERIFICATION THE STATE OF TEXAS § § COUNTY OF HIDALGO § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Laura Ann Karam, who, being by me first duly sworn, on oath deposed and said: “I am over the age of eighteen years and otherwise competent to make this Affidavit; I have read the above Written Objections 0f Laura Ann Karam to Sworn Accounting and Motion for Issuance of Order to are true in substance believe to be true.” Show and in fact, except those matters stated /Laura o Ann Karam SWORN TO AND SUBSCRIBED before me by Laura Ann Karam on this 7th day of AA a Cause. A11 of the allegations contained in such obj ections and motion upon information and belief, whichI March, 2023, to certify which witness my hand and seal of office. %,/MWML flMWW ofar3/Public, State of Texas 4’31”" Jacqueline Caslenanos ?xfi' My Commlasm Elvira 05/01/2024 .5» $9 mofl‘s- noun 132461235 WRITTEN OBJECHONS 0F LAURA ANN KARAM To SWORN ACCOUNTING AND MOTION ron ISSUANCE or ORDER 'ro SHow CAUSE PAGE a Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document was on this the 7th of March, 2023, served on all counsel of record as follows: Margil Sanchez, Jr. Attorney at Law P. O.Box 297 Rio Grande City, TX 78582 msjlaw@yahoo.com Calixtro Villareal Attorney at Law 205 W. Main Street Rio Grande City, TX 78582 cal orlaw@hotmail.com Robert L. Steindel Law Office of Robert L. Steindel 3827 N. 10th St., Suite 302 McAllen, TX 78504 rsteindel96@gmail.com By: /s/ James A. Gleason WmmN Omcnous or LAURA ANN KARAM 1'0 Swmm ACCOUNTING AND MOTION FOR ISSUANCE 0F ORDER To Snow CAUSE PAGE 9 Electronically Filed 3/15/2024 2:47 PM Hidalgo County Clerk Accepted by: Sarah Reyes Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 73437421 Status as of 3/8/2023 8:20 AM CST Associated Case Party: MARIA ETICA REYNAGA VALDEZ Name BarNumber Email TimestampSubmitted Status Margil Sanchez 17570800 msjlaw@yahoo.com 3/7/2023 4:44:44 PM SENT Associated Case Party: JUAN ANTONIO VALDEZ Name BarNumber Email TimestampSubmitted Status Robert CSteindel rsteindel96@gmail.com 3/7/2023 4:44:44 PM SENT Robert CSteindel rcs.96@yahoo.com 3/7/2023 4:44:44 PM SENT Associated Case Party: LAW OFFICE OF CALIXTRO VILLARREAL Name BarNumber Email TimestampSubmitted Status Calixtro Villarreal cal_orlaw@hotmail.com 3/7/2023 4:44:44 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Jaime Pena jpena@penaaleczander.com 3/7/2023 4:44:44 PM SENT James A.Gleason jgleason@penaaleczander.com 3/7/2023 4:44:44 PM SENT Selene Suarez ssuarez@penaaleczander.com 3/7/2023 4:44:44 PM SENT Jacqueline Castellanos jcastellanos@penaaleczander.com 3/7/2023 4:44:44 PM SENT james Gleason msaldana@penaaleczander.com 3/7/2023 4:44:44 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 85614089 Filing Code Description: Order Filed Filing Description: ORDER SETTING HEARING ON APPLICATION FOR LETTERS OF ADMINISTRATION. Status as of 3/15/2024 3:16 PM CST Associated Case Party: MARIA ETICA REYNAGA VALDEZ Name BarNumber Email TimestampSubmitted Status James A.Gleason jgleason@penaaleczander.com 3/15/2024 2:47:05 PM SENT Selene Suarez ssuarez@penaaleczander.com 3/15/2024 2:47:05 PM SENT Jonathan Cantu jcantu@penaaleczander.com 3/15/2024 2:47:05 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status MARGIL SANCHEZ, JR MSJLAW@YAHOO.COM 3/15/2024 2:47:05 PM SENT JAMES A.GLEASON JGLEASON@PENAALECZANDER.COM 3/15/2024 2:47:05 PM SENT CALIXTRO VILLARREAL CAL_ORLAW@HOTMAIL.COM 3/15/2024 2:47:05 PM SENT ELOY GARCIA, JR ELOYGARCIAJR@GMAIL.COM 3/15/2024 2:47:05 PM SENT ROBERT L.STEINDEL RSTEINDEL96@GMAIL.COM 3/15/2024 2:47:05 PM SENT OMAR ESCOBAR OMARESCOBARJR@GMAIL.COM 3/15/2024 2:47:05 PM SENT