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David M. Pyke

David Pyke’s Answers

877 total


  • On the application for probate, estate is valued at 260,000. After 7 months executor says its worth 85,000 and there is no cash.

    The executor claims all my mother's bank accounts were used for her medical bills and house payments. She had excellent health insurance and her Social Security and pension easily paid her mortgage ($350). The executor purchased a new home 2 month...

    David’s Answer

    Understand the estate application only lists assets not liabilities and expenses. The executor may or may not be truthful. You don't hire a criminal lawyer to press charges and you don't press charges without the facts. You need to consult with a probate attorney to assist you in obtaining an accounting of the estate. Then you can determine whether you have grounds to be upset. Good luck.

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  • I am getting my wife's will and my will updated. Do I need power of attorneys for she and I?

    I need an answer to this.

    David’s Answer

    Simplest question of the year. Answer for everybody is YES!

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  • My Mother recently passed and I'm pretty sure she had a life ins. policy, but not sure with whom. How can I find out?

    She retired with SFA University and has been receiving a retirement check. My Uncle is the executor. I have another older sister, and she states she doesn't know, and is completely fine with NOT questioning my Uncle on ANYTHING to do with the will...

    David’s Answer

    There is no state clearinghouse to call or check online for life insurance policies. You may need an attorney to get cooperation, but you, your Uncle and/or your sister need to do the following: 1) review all the documents in house; 2) search address books for contacts with an insurance agent; 3) search her check register or banks statements to see if there any payments to insurance companies; 4) contact her accountant to see if he knows of any insurance/agent; 5) check with the HR department of SFA University to see if there is an employer-sponsored insurance benefit. If you contact an insurance company, they will only talk to you if 1) you are the beneficiary; or 2) if you are the executor. If they won't tell you anything, that probably means you are not the beneficiary. Insurance companies rarely make an error an pay out the benefits of a policy to the wrong person, so although others may hide this information from you, they personally can not profit at your expense.

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  • My step mom is trying to evict my son off of property that was willed down to our family from my great grandmother. Can she?

    The property was willed from my great grandmother to my grandfather to my dad, then upon his death, to his heirs. She is under the impression that the heirs include her and her 2 sons that were not my dad's. They are legal adults.

    David’s Answer

    It is unclear what Stepmom's rights are because you don't mention a will. If she has rights to possess the property as a tenant in common, she can gran her children rights to be on the property. If she has no rights, they have no rights. Assuming all the prior title has been established, then your Dad's estate needs to be probated to establish your rights in the property.

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  • What is the usually fee a probate lawyer charges for remove my late husband name from the house deed? He died without a will.

    We have have two children together I have talk to a lawyer about it and my sister thinks his fee is costly Her friend she say had it done for a lor less money.

    David’s Answer

    Heirship (no will) is more expensive, but get more than one quote. Lawyers do not quote fees on this forum with the limited information we receive.

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  • Sharing an inherited house with a sibling who doesn't agree

    My parents named my brother sister and I as the new owners of their house upon their death. My brother wants to lease the house to strangers. My sister and I want to live there. Does he need our signified to lease it out? What can be done?

    David’s Answer

    You can agree to rent it, but it sounds like a partition action to appoint a third party to sell the property would be the best choice in your circumstances

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  • Is a revocable trusted drafted in IL valid in TX

    what are your cunsult fees

    David’s Answer

    If you want a quote on fees, you should search under the "find a lawyer" tab for "trust" or "estate planning" and directly contact the lawyers that you think are appropriate to handle your matter and ask them privately about their consultation fees in your circumstance.

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  • Home left behind without a will.

    Grandparents died about 12 years ago and left behind a home/property. They had 5 siblings 2 alive 3 deceased. Siblings and grandchildren have no interest in the home/property. A granddaughter resides in the home. We want to sign it over to her, bu...

    David’s Answer

    I think given the passage of time and no dispute, an affidavit of heirship and then deeds by all interested parties to the granddaughter will vest her marketable title. You need an attorney to review the facts, draft an appropriate affidavit of heirship, and prepare deeds to granddaughter for all interested person.

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  • Dad is 70 in failing health mom doesn't live there but still pays the bills caregiver is bad can we sue mom for neglect?

    My dad is 70 with Congestive Heart Failure and other ailments that are contributing to his quick turn down hill. My mother is away "working" and he doesn't see her for months at a time. She is 58 and in good health. She has a free live in careg...

    David’s Answer

    I think you need a frank talk with Mom about Dad's care and "volunteer" to take over. You need reasonable access to his funds and Dad may need to give you a power of attorney. I would only resort to litigation if your Mom is uncooperative and you can't effectively use the powers of attorney. You should consult with an attorney after discussing with Mom and chart out your options, however, instead of a lawsuit vs Mom, I think you should consider guardianship.

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  • No Will Probate Case

    In 2014 my mother passed with no will. She owned a house, car and personal items that will be sold...The court notified me that I will inherit 25 percent of her estate once it is sold. Her second husband is the Admin. I am in a different state. Wi...

    David’s Answer

    If you don't feel the estate is large enough or you lack the funds to hire an attorney, file a document with the Clerk titled "Notice of Appearance and Request for Notice" and request notice of everything filed and set in the case, provide your address phone number, and email. Mail the document to the clerk and make sure it has all of the case information at the top, like you find on any other pleading sin the case.

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