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David M. Pyke

David Pyke’s Answers

884 total


  • Do i need a estate?

    My mother passed away, she left a mortgage loan and a lot of debt. Her assets include a house and a vehicle

    David’s Answer

    If the debt exceeds the value of the property, I would not take any action. It means, however, that the house can't be yours or any other family members. It will be foreclosed in time. If the house has equity, you will need a probate attorney to assist you in finding the most affordable way to obtain your rights to the property.

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  • My parents passed away without a will.after my mother passed away my stepfathers family came and took everthing

    my wife and i took care of my mother,stepfather,and brother for 20 years.Bought groceries.,paid bills,took them to doctor visits etc. My stepfather very seldom saw or talked to his side of the family. A couple of weeks after my mother passed away ...

    David’s Answer

    You are a victim of what I call "pickup probate" -- meaning the one that gets to the house first with a pickup wins. It is very difficult to fix the issues relating to the "stuff" they took from the house. The house, itself, however can't be transferred except by proper legal process. You need a probate attorney who should be able to help you and your brothers obtain the house.

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  • I'm an ex convict that is the beneficiary of my father 401k and insurance. I still owe restitution and The IRS.

    Will the IRS and the federal government take that money if he passes? Is there a something he can do to pass the money directly to me.

    David’s Answer

    Your father needs to seek the counsel of someone about a trust. This is a very tricky area and there are no guarantees of success.

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  • My husband passed away in 2009 in Texas. He left a notarized will leaving the 10.01 acres we jointly owned to me.

    He left photos and mementos to his daughter, a saw to his son and a gun cabinet to another son. The land was mortgaged in both our names. I continued to make monthly payments on the land. His will was not probated because I was told by a member...

    David’s Answer

    This may be the most common bad advice lawyers give -- don't probate the will. It should have been probated in 4 years, so you will have to plead an excuse to have not done so. I think Judge Copeland in Collin County will accept the idiot attorney excuse and probate the will as a muniment of title.

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  • My father recently passed away, he was not married so I know legally I inherit any property .

    My aunt has his truck without his permission and won't release to me ,how can I go about getting the truck picked up

    David’s Answer

    The police won't enforce your inheritance rights. You need to begin probate, prove your rights, and get an administrator who can do things to obtain the truck.

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  • Step-mother died no will, dad has passed left a will. Adopted grown children and step-children grown signed rights away

    My step-mother died and did not leave a will, her children signed their rights away to my daddy. He has now passed away and her left a will. I have two adopted sisters and one biological sister. I am named an executor on the will and they have bee...

    David’s Answer

    If you are the executor, you need to get the will and file it for probate. You will get an order that will appoint you the executor which will establish your rights to the property. Then you can take the steps to maximize the protection of the property. It is very difficult to stop someone from taking personal property that they have access to.

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  • My Grandfather passed away and did not leave a will. How do I go about getting rights to the property?

    The day my Grandfather passed he was going to give me a Power of Attorney. I have been living in the home and taking care of all repairs and also the property taxes. There are 5 living hiers and no one wants responsibility of the property.

    David’s Answer

    I would add that the heirs get the property whether they've done anything to earn it or take care of it. Inheritance is not based on equity; it is based on rights set forth in statute, absent a will. So, someone needs to be administrator for the estate and the heirs will split the property. Below is a link to help you determine the correct heirship.

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  • Can I do a house lottery/drawing with a house in Switzerland while I live in the United States ?

    I live in the US, my dad lives in the Philippines. He has a house in Switzerland that he wants to sell in a drawing. This is not allowed in Switzerland, but we want to do it. So my idea was to set up the drawing and buy the house with that money (...

    David’s Answer

    You win the bizarre question prize of the month. I've never known of anyone running a "drawing" (by which I assume you mean a lottery) to effectively "raffle" a piece of property. Why any rational person would do this is beyond me, but regardless, that is an illegal lottery in Texas and sounds like it is illegal in Switzerland. Trying to think of creative ways to get around the law is not something I participate in.

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  • My mother passed away, left a will naming me as independent executor, and leaving everything to my father. Do I need probate?

    The only probate asset she has is some mineral interests. Her bank accounts (the only other asset) were titled joint tenants with rights of survivorship. There are no debts but royalty checks may come in from the producing properties. How do ...

    David’s Answer

    Probate is simple and yes, You need to probate the will. I wouldn't do a muniment of title, in most cases. I would have the executor deed the mineral interest and deal with the O&G companies to change the divisions orders to pay to the beneficiary of the estate. Not terribly complex if will is in good form.

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  • MY FATHER PASSED AWAY IN FEBRUARY. AND I HAVE RECEIVED 2 CHECKS ADDRESSED TO THE ESTATE OF MY FATHER.

    WHAT DO I NEED TO DO TO BE ABLE TO DEPOSIT THEM IN THE JOINT ACCOUNT I HAVE WITH MY BROTHER AND I? WENT TO THE BANK WHERE THE JOINT ACCOUNT IS. THEY CANT TAKE THE CHECKS WITHOUT AN ESTATE ACCOUNT. IS THIS NECESSARY? IF SO HOW DO I OBTAIN ONE?

    David’s Answer

    The accounts are payable to the estate, not you and your brother, so the bank must have an account that matches the check to approve the deposit. Thus, the need for an estate. Probably a need for an estate for other reasons, but you need a probate attorney to select the best legal vehicle to solve all the issues relating to your father's passing.

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