David M. Pyke’s Answers

David M. Pyke

Dallas Probate Attorney.

Contributor Level 15
  1. My dad passed away 5 months ago, my mom just 3 weeks ago. Her will states she wanted me to have the house valued at $200,000.

    Answered over 1 year ago.

    1. David M. Pyke
    2. Paula Brown Sinclair
    3. Bill Zukauckas
    4. James P. Frederick
    5. Kevin Matthew Koel
    5 lawyer answers

    At minimum, you need to probate your mother's will in the County where she resided at the time of her death. At attorney's assistance is required by the Court to appoint an executor, so you need experienced probate counsel. Further services could be required depending what, if anything, was done with your Dad's estate.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How to get my deceased dad's wife to pay property taxes and fix her sewage from home he gifted her from running onto my property

    Answered 11 months ago.

    1. David M. Pyke
    2. Steven John Clausen
    3. Mark Allen Land
    4. Gary T. MacInnis
    4 lawyer answers

    Assuming probate is fully closed, you have a fee simple interest in the house subject to ex's life estate, terminable on her remarriage. She has obligations as life tenant including maintenance of the property. So, you can bring legal action for 1) failing to maintain the property; 2) trespass, since the sewage is entering your property.

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  3. Can I legally still live in my Fathers house even though he has passed away?

    Answered 11 months ago.

    1. David M. Pyke
    2. Steven Drew Baker
    3. Steven John Clausen
    4. Jacob Scott Pelley
    4 lawyer answers

    There are many questions that would have to be asked to give you a good answer, and you need to consult an attorney. Let me offer this guidance in general terms: the house apparently belongs to your father and mother. You aren't the owner unless you are your father's heir. Without a will, that depends on heirship law and I don't know enough facts to tell you at this time. Mom, if she is the sole owner, can kick you out. He may be the sole heir of all of the assets. If she is...

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  4. Is there any way to get a Will probated if the person has been deceased for 8 years?

    Answered 4 months ago.

    1. David M. Pyke
    2. Maria Sara Lowry
    3. Orsen E. Paxton III
    3 lawyer answers

    If the spouse withheld the will, thus you aren't at fault for not probating earlier, you would have good grounds to probate the will as a muniment of title. Please consult with a probate attorney in the County in which the deceased resided at the time of his death.

    10 lawyers agreed with this answer

  5. Moms Estate

    Answered about 1 year ago.

    1. David M. Pyke
    2. Cheryl Rivera Smith
    3. Orsen E. Paxton III
    3 lawyer answers

    The house can be sold by the executor 1) if the will authorizes it; or 2) if necessary to pay debts. If the house is left to you, and you now have title (as opposed to the executor) you can sell whenever you like. There is no one year limitation in any context.

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  6. Granddaughter depleted Grandmothers account

    Answered over 1 year ago.

    1. David M. Pyke
    2. James Gregory Las Cola
    3. Dara J. Goldsmith
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Yes, those sound like criminal acts by a person in a fiduciary capacity. You can report to the local District Attorney. You should also consult with an attorney regarding guardianship for your grandmother and possibly suit against your sister to recover your grandmother's property.

    10 lawyers agreed with this answer

  7. JTWROS in Texas

    Answered over 1 year ago.

    1. David M. Pyke
    2. Andrew Davis Oostdyk
    3. Jessica Anne Newill
    4. Kendall Shane Cockrell
    5. Orsen E. Paxton III
    5 lawyer answers

    This is one of my least favorite things to see in Probate practice. We know that the will represents what the decedent wanted, but some boilerplate in an bank account agreement contradicts it. Unfortunately, as a general rule, a JTWROS agreement trumps the will. For the will's directives to control, the JTWROS would have to be set aside on grounds that your father lacked capacity at the time he signed the account agreement or was subject to undue influence. This is a trap in the law that...

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  8. My husband made me trustee of the family trust but only our children beneficiaries.

    Answered almost 2 years ago.

    1. David M. Pyke
    2. Orsen E. Paxton III
    3. Eric Jerome Gold
    3 lawyer answers

    The trust may very well be an attempt to circumvent your community property rights. You need to consult an attorney to review the trust and possibly challenge the transfer of the homestead and possibly other assets into the trust.

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  9. Can rights to an inheritance be relinquished after the fact? (see http://wiki.answers.com/Q/How_do_you_relinquish_rights_to_inhe

    Answered about 1 year ago.

    1. David M. Pyke
    2. Steven M Zelinger
    3. Orsen E. Paxton III
    3 lawyer answers

    I would guess the intend of the waiver is only as to wrongful death benefits, which can be received by heirs or the estate or both. However, "as well as the Estate" is ambiguous in this context, and you should request a revision, or interlineate a change, before signing. Insert the words "any wrongful death proceeds received by" so that the sentence reads .. . "as well as any wrongful death proceeds received by the Estate of mother . . ." Also, add a sentence: "This release in no manner...

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  10. What are the consequences for a breach of fiduciary duty by an executor of an estate?

    Answered 9 months ago.

    1. David M. Pyke
    2. Maria Sara Lowry
    3. John Gus Zgourides
    3 lawyer answers

    You don't identify your role and whether you need an attorney. The sister is surely represented on a four-year old case, and she should consult her attorney (or hire one, by gum!). Broadly speaking, the fact that brother wasn't an angel doesn't mean he doesn't get his inheritance and doesn't have rights. An executor can not use estate money for their own purposes, so to the extent sister paid her college expenses from estate funds, that would at least decrease her estate distribution and may...

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