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David M. Pyke

David Pyke’s Answers

899 total


  • After signing a waiver, the executor is now hiding his actions and I believe he has stolen money. Can he still be removed?

    I trusted him because he's my nephew. Now things are not going right. My mother died 14 months ago and the house is just sitting there. He was late turning in the inventory. Now, a large amount of money in her bank accounts is missing. He claims ...

    David’s Answer

    Among things that can be done is for the executor to be required to prepare an accounting, it is has been 14 months since he was appointed. Since he won't even accept your letters, you need an attorney.

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  • Could my husband's adult children from a previous marriage and his ex wife sue me for any of his life insurance benefits?

    I recently took out a very large amount of life insurance on me and my husband. My husband's adult kids had mentioned to me that they would sue me for any life insurance benefit should my husband passes away. His ex wife has also said she would s...

    David’s Answer

    You can't prevent someone from suing you but through proper planning you can make them fight with limited weapons on an unfavorable field. Any claim against the insurance proceeds payable to you would be legally very weak, in my opinion. Such a lawsuit should be easily won and a waste of money on their side. If your husband owes child support, he can be sued at any time and any assets, including your life insurance policy payable to him, can be a source of collection.

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  • 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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