David M. Pyke’s Answers

David M. Pyke

Dallas Probate Attorney.

Contributor Level 15
  1. In the will there was a car, the car dosen't exist, does the new car go to that person or not?

    Answered about 2 years ago.

    1. David M. Pyke
    2. Joseph Franklin Pippen Jr.
    3. Alan James Brinkmeier
    3 lawyer answers

    I think the language you quote is pretty clear. The car identified doesn't exist, so that gift lapses. You don't substitute another car for the one described. The car that does exist, unless gifted by another bequest, becomes part of the residuary estate and goes to the person identified in the second clause that you quoted.

    9 lawyers agreed with this answer

  2. Can my brothers take claim estate property 5 years after our mother's death after deciding that they didn't want it 5 years ago?

    Answered over 1 year ago.

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

    This could have been clarified by probate, which I gather didn't occur. Regardless, you possess the item, they claim it belonged to your mother, that it then should be theirs (I don't know why). But, it is too old to open an estate, and you aren't legally or ethically obligated to turn it over to them. You do not need to surrender it to them and they can not get a court order to make you do so.

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  3. Widowed Mother-in-law living in Texas wants to remove son from her will by using a deed with life estate; what can she do?

    Answered about 2 years ago.

    1. David M. Pyke
    2. James P. Frederick
    2 lawyer answers

    Well, happy Thanksgiving!? Sorry these issues burden you today and I apologize for this necessarily vague answer. The issues here depend on the ownership of the property (was is community or separate) and the terms do the deceased husband's will. The will may purport to give to the son property belonging to the widow, so the will may not be what it seems. But any decent answer requires an understanding of the assets and examination of the will at issue. Please have your mother in law...

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  4. My husband selling is his deceased mother's home. Does he list as seller or does it need to pass thru the estate?

    Answered 5 months ago.

    1. David M. Pyke
    2. Arthur Harold Geffen
    3. Maria Sara Lowry
    3 lawyer answers

    It depends what the will or order of heirship says. If the estate is still the owner and the proceeds pass through the executor/administrator, then the estate is the seller. If your husband has become the sole owner per the Will or Heirship or by Deed from the executor/administrator, then your husband is selling on his own and should be listed as seller.

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  5. All three siblings are listed as executors of a will. Who has the most power?

    Answered 11 months ago.

    1. David M. Pyke
    2. Charles J. Smaistrla
    3. Maria Sara Lowry
    3 lawyer answers

    Any can file, but all three should be appointed unless they waive their right to serve. There is no priority among the three, by age or otherwise, unless the will gives such a priority. Equal executors means what is says: it takes all three.

    8 lawyers agreed with this answer

  6. I was left a house cant probate the will and was told if I pay taxes and live in it for 7 years it would be mine. True or not?

    Answered 11 months ago.

    1. Paula Brown Sinclair
    2. David M. Pyke
    3. Kevin Matthew Koel
    4. Maria Sara Lowry
    4 lawyer answers

    1) You can't beat the Medicaid claim by just waiting a bit 2) If you "can't probate the will" that left you the house, then the house isn't yours 3) In some circumstances, you can establish title by living in a place and paying taxes, called adverse possession. That is a risky way to try to establish title, and you would probably have to bring suit after the time period to clarify title. So, you can't get water, sewer, and there is a medicaid lien on a house left to you in a will that...

    8 lawyers agreed with this answer

  7. What does "rest, residue, and remainder of my estate, real and personal" mean?

    Answered about 1 year ago.

    1. Brian Christopher Tyrone
    2. David M. Pyke
    3. Steven Drew Baker
    4. Kendall Shane Cockrell
    4 lawyer answers

    Any not specifically gifted to someone in the will is the "residue." So the "rest, remainder, and residue" is the lawyer way of saying "everything else."

    8 lawyers agreed with this answer

  8. Does there need to be monetary consideration in order to transfer a Texas property into a trust?

    Answered about 1 year ago.

    1. David M. Pyke
    2. Paul Franklin Wright
    3. Robert Neil Newton
    4. Stephen C. Cooper
    5. Michael Leo Potter
    5 lawyer answers

    Really making some guesses here, but a deed doesn't have to say "$10 and other good and valuable consideration." It can be "granted per terms of ___ Trust" or "gift per Will probated . . ." j It sounds like the Trust owns 1/2 and your sibling owns half, if so, both the trust and the sibling need to grant you all of their interest, not just 50%. Really, need a title report and the deed to do this. Ask these questions to the lawyer preparing the deed.

    8 lawyers agreed with this answer

  9. My father (deceased) married my stepmother who left me out of her will. Am I entitled to anything from my father's will?

    Answered over 1 year ago.

    1. David M. Pyke
    2. John Gus Zgourides
    3. Celia R Reed
    3 lawyer answers

    If your father died and left all to his wife, then you are not automatically entitled to anything from either estate. You would have to challenge your father's will and you've described no facts to support a challenge.

    8 lawyers agreed with this answer

  10. Probate and heir questions

    Answered over 1 year ago.

    1. David M. Pyke
    2. James P. Frederick
    3. Matthew Erik Johnson
    3 lawyer answers

    As to the "stuff" this is a classic case of what I call the "pickup probate." Which means: the first one to the house with a pickup wins. Cruel, but true. Yes, you can sue your grandparents and uncles, but pursuing such a case won't be worth it. If your father died unmarried and you are his only child, then you are the heir. You refer to probate of a will, so the will controls and an executor should be named. I'm assuming the uncle is the executor and he is correct, the bills must be...

    8 lawyers agreed with this answer