David M. Pyke’s Answers

David M. Pyke

Dallas Probate Attorney.

Contributor Level 15
  1. Hello , I made my will through NOLO.COM, my question is does the will has to have executer information in it?

    Answered 2 months ago.

    1. Kendall Shane Cockrell
    2. David M. Pyke
    3. Robert Werner von Dohlen
    4. Maria Sara Lowry
    5. Orsen E. Paxton III
    6. ···
    8 lawyer answers

    Since you should not include a ss# on any publicly filed document and an "executor document" is not a form recognized by Texas law, I'd say you're not off to a good start using this will kit. I have no knowledge of the quality of the website's wills, but when I get "home cooked" wills, they invariably have problems. Please see a lawyer.

    16 lawyers agreed with this answer

  2. Do I need to probate a will?

    Answered about 1 year ago.

    1. David M. Pyke
    2. John Gus Zgourides
    3. Celia R Reed
    4. Cheryl Rivera Smith
    4 lawyer answers

    Yes. Unless title co will take affidavit of heirship, probate us the cheapest and quickest solution. I would need more information to quote a fee but 1000 plus costs is a normal fee, no complications.

    14 lawyers agreed with this answer

  3. Does my sister own my grandma's house?

    Answered over 1 year ago.

    1. Patricia B. Cole
    2. David M. Pyke
    3. Joseph Franklin Pippen Jr.
    4. Kelly Scott Davis
    5. Raymond Ellis Daniel
    5 lawyer answers

    Assuming you have probated the will and been named executor by the Court, you can evict your sister. You will probably need an attorney to help with the eviction. A grandchild does not have homestead rights in her grandmother's house.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Need help

    Answered 3 months ago.

    1. David M. Pyke
    2. Donald Hamilton Kidd
    3. Alan James Brinkmeier
    4. Brent Schafer
    5. Rixon Charles Rafter III
    6. ···
    8 lawyer answers

    Here is the test: do any of the attorneys offer to take the case on a contingency. If they do, you have a solid case. If they don't, they're just flapping their gums. Talk to attorneys who specialize in wrongful death actions -- there are many in Dallas. I think you will find that they are interested in a consultation with you, at no charge. If after the consultation, they want to take the case, great. If not, then that is your answer.

    12 lawyers agreed with this answer

  5. What type of attorney would I need to deal with a possible guardianship issue regarding an elderly parent and

    Answered over 1 year ago.

    1. David M. Pyke
    2. Charles Adam Shultz
    3. Dagmar Pollex
    4. John W Weaver
    5. Mary Joki Ebb
    5 lawyer answers

    We call our specialties different things: some call this elder law, probate law, estate planning, guardianship, etc. The thing to look for is experience with someone in handling guardianship matters at Court and estate planning services for the will and powers of attorney.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Step father already gave me the keys to the two cars my mom left me can I get in trouble for driving them if not in probate yet?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. David M. Pyke
    3. John Gus Zgourides
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    You will need to retitle, but the executor will need to deliver you the titles signed by the executor and a copy of the letters testamentary to do this. You will not be able to get your annual registration without updating the title.

    Selected as best answer

  7. Do I have to probate a will if there is no estate ?

    Answered 21 days ago.

    1. David M. Pyke
    2. Jeffrey Alan Hines
    3. Maria Sara Lowry
    4. Harold Kent Prukop Jr
    4 lawyer answers

    Your question throughly details that there is no probate estate, so the answer is No.

    11 lawyers agreed with this answer

  8. Are there any wills that are not subject to probate?

    Answered 7 months ago.

    1. David M. Pyke
    2. Maria Sara Lowry
    3. Kendall Shane Cockrell
    4. Robert Neil Newton
    5. Jeremy Todd Canipe
    6. ···
    7 lawyer answers

    If the will can't be probated, then your aunt can't be executor. A person is only executor if appointed in a will that is probate and the court confirms the appointment. If you are an heir at law, you may need to initiate probate proceedings, so contact a probate attorney in the County where your Grandfather lived at the time of his death to discuss your options.

    11 lawyers agreed with this answer

  9. I need a lawyer to help me retain the royality checks that are to come to me but they have stopped my husband has passes away

    Answered about 1 year ago.

    1. David M. Pyke
    2. Cheryl Rivera Smith
    3. Kevin Matthew Koel
    4. James Ryland Miller
    4 lawyer answers

    You need to open probate either by probating a will or opening administration, if there is no will. Probating a will is very quick, but the administration can take longer depending on the heirs and other facts. You should start as soon as possible to be able to get the royalty checks started again.

    11 lawyers agreed with this answer

  10. Do i need to get a probate lawyer

    Answered over 1 year ago.

    1. David M. Pyke
    2. Joe Wayne Hendricks Jr.
    3. Sherry D. Tavel
    4. Joseph Michael Pankowski Jr
    4 lawyer answers

    You should hire a lawyer to contest the will or file something in probate court right away if the will hasn't been offered. You present a case with interesting potential. The will is not automatically invalid but your Dad's medical records may establish that he lacked the ability to execute the will (testamentary capacity) or that he was weak and his relatives took control over his desires (undue influence). These type of cases are very fact specific. You need a lawyer in the area where the...

    11 lawyers agreed with this answer