Wednesday, November 16, 2011
Friday, August 12, 2011
Having problems with the Executor of the Will. What can I do?
Dallas Probate Lawyer talks about when you might want to contact a lawyer to contest a will.
http://www.dallasprobatelaw.com
What is the role of the executor?
David M. Pyke, a Dallas Attorney, explains the role of the executor of a will.
http://www.dallasprobatelaw.com
Monday, June 20, 2011
Thursday, May 26, 2011
The Original Will Can't be found! Now what do we do?!
If you cannot find the original will, you may be able to probate a copy of the will. You will have to provide to the Court some reasonable explanation as to what happened to the original and some proof that the copy is accurate. Make sure to look everywhere before trying to probate a copy.
You should check everywhere: with the lawyer who drafted the will, safe deposit boxes, etc. before trying to probate a copy of the will. If you don't know the lawyer's name, try looking in the decedent's financial records and see if you can find a paid check or bill from the lawyer.
If the will is really lost, Then you should contact Pyke and Associates for further direction.
You should check everywhere: with the lawyer who drafted the will, safe deposit boxes, etc. before trying to probate a copy of the will. If you don't know the lawyer's name, try looking in the decedent's financial records and see if you can find a paid check or bill from the lawyer.
If the will is really lost, Then you should contact Pyke and Associates for further direction.
If I just file the will, am I done?
If I just "file the will" with the court will I be done? Although Texas has great probate laws that make probating wills easy and relatively inexpensive. No, it isn't that easy. The purpose of probate is to provide an organized system for someone to take charge over the estate. If you could just "file the will" there would be no control and an identity thief could steal the estate. Creditors wouldn't know who to deal with. Title companies wouldn't know who had the right to sell the property.
Probate establishes a procedure, which is vastly simplified in Texas, to establish control over the estate while giving fair notice and procedure to heirs, beneficiaries and creditors. Probate shouldn't be expensive, but you do need an attorney. A very big plus is to have an attorney who does it often and knows each Court's procedures and requirements.
FYI, Lawyers don't earn a percentage of the estate and the Judge just earns his salary. Thankfully, some lawyers, like David Pyke of Pyke & Associates (www.dallasprobatelaw.com) probate wills at reasonable rates.
Probate establishes a procedure, which is vastly simplified in Texas, to establish control over the estate while giving fair notice and procedure to heirs, beneficiaries and creditors. Probate shouldn't be expensive, but you do need an attorney. A very big plus is to have an attorney who does it often and knows each Court's procedures and requirements.
FYI, Lawyers don't earn a percentage of the estate and the Judge just earns his salary. Thankfully, some lawyers, like David Pyke of Pyke & Associates (www.dallasprobatelaw.com) probate wills at reasonable rates.
Online wills? One size does not fit all
If you want a quicky will, some stores sell will kits and forms can be found online. Is that a good idea? Well, it is probably worth what you pay for it. Will law is specific to each state. An example is: A Florida will may not be good in Texas.
So, will kits or forms drafted for everyone are not one size fits all. Most people have a lot of questions about the drafting of a will that the kits on online forms don't answer at all. You really need a lawyer for this one and it isn't expensive.
Learn more at www.dallasprobatelaw.com
So, will kits or forms drafted for everyone are not one size fits all. Most people have a lot of questions about the drafting of a will that the kits on online forms don't answer at all. You really need a lawyer for this one and it isn't expensive.
Learn more at www.dallasprobatelaw.com
Tuesday, April 26, 2011
Wednesday, March 23, 2011
Guardianship, when should I do it?
Dallas, Texas probate lawyer explains when guardianship is a good idea.
Which is better, a living trust or a will?
Dallas Probate Lawyer explaining when a living trust makes more sense than a will.
Monday, February 28, 2011
What does it mean to "probate a will"?
Dallas estate attorney explains what probating a will means, step by step.
How are items divided that are not in the Will?
Dallas, Texas probate lawyer explains how items are distributed that are not mentioned in the will.
Wednesday, February 16, 2011
Friday, February 11, 2011
Can I probate the will myself?
can I probate the will myself ?
The short answer is no, because the court will not let you.
The short answer is no, because the court will not let you.
Wednesday, January 5, 2011
Tuesday, January 4, 2011
Pyke and Associates, Getting Results for Clients
When faced with dealing with a Probate issue in the Texas Courts you want to be sure that the law firm you have chosen is right for your needs, at Pyke and Associates our experience gets results
- We have handled hundreds of estates from simply probating a will to disputed estates involving millions of dollars.
- We make a commitment to quote fixed-fee arrangements when possible, and stick to that arrangement
- We strive to take the guess work and fear out of the process, We tell you what to expect and what will it cost.
- We handle dozens of guardianships a year
- We appear in the Probate/Guardianship courts in the entire metroplex - Dallas, Tarrant, Collin, Denton, Ellis and Rockwall counties.
Grounds for Will/Trust Contests in Texas
A will is to express the desires of its writer, the testator, for the inheritance of his or her estate. Similarly a trust, whether created by a will or during the person's lifetime, is to be of the settlor's (the person making the trust) own free rationale will. If the will or trust does not truly reflect the settlor's or testator's desires it could have been obtained by undue influence or the testator or settlor may have been mentally incapable of making the will. These are the two major bases for challenging a will or a trust.
If you are a relative of the testator or settlor and would have inherited under a prior will, you may challenge a will submitted for probate. Even if the will has been admitted to probate, it is not too late to make a challenge. Generally, a will may be contested for up to two years after it is admitted to probate.
If a will is set aside, the estate will be distributed according to any prior will, or if there is no prior valid will, the estate will be distributed to the decedent's relatives pursuant to set statutory formulas. For example, if a decedent dies without a valid will, he had two children survive him, and no surviving spouse, the two children will equally split the estate.
If you are a relative of the testator or settlor and would have inherited under a prior will, you may challenge a will submitted for probate. Even if the will has been admitted to probate, it is not too late to make a challenge. Generally, a will may be contested for up to two years after it is admitted to probate.
If a will is set aside, the estate will be distributed according to any prior will, or if there is no prior valid will, the estate will be distributed to the decedent's relatives pursuant to set statutory formulas. For example, if a decedent dies without a valid will, he had two children survive him, and no surviving spouse, the two children will equally split the estate.
What to do if there isn't a Will?
If there is no will, then the property goes to the decedent's heirs. Although a will makes things cheaper, lack of a will doesn't mean a probate nightmare. Read about the options below.
AVOID DEPENDENT ADMINISTRATION
Your loved one didn't leave a will, but they did leave things to be cleaned up? What can you do? Hopefully, you can avoid the only probate option in Texas that necessarily involves high attorney fees: a full dependent administration. Dependent administration involves the Court appointing a person to take the assets of the estate, liquidate them, pay the debts, and distribute the assets to the heirs. The administrator must get Court approval for virtually every decision they make, so there is little chance of abuse, but the cost is high. Dependent administration is the probate option everyone fears, but it is easily avoided.
IS THERE JUST A HOUSE TO SELL?
The main reason that some probate administration is usually necessary is that the decedent owned a home or other real estate. A simple procedure called a Declaration of Heirship can solve your problems. Learn more about the Declaration of Heirship..
DO ALL OF THE HEIRS GET ALONG?
If so, the heirs can select one or more of them to serve as an "independent administrator" and dramatically reduce the costs of administration. Read the details about Independent Administration.
HOW ABOUT MUNIMENT OF TITLE?
This is a procedure where the will is filed to evidence who inherited a piece of property. Although a simple procedure, there must be a will. If there is no will, this simply isn't an option.
AVOID DEPENDENT ADMINISTRATION
Your loved one didn't leave a will, but they did leave things to be cleaned up? What can you do? Hopefully, you can avoid the only probate option in Texas that necessarily involves high attorney fees: a full dependent administration. Dependent administration involves the Court appointing a person to take the assets of the estate, liquidate them, pay the debts, and distribute the assets to the heirs. The administrator must get Court approval for virtually every decision they make, so there is little chance of abuse, but the cost is high. Dependent administration is the probate option everyone fears, but it is easily avoided.
IS THERE JUST A HOUSE TO SELL?
The main reason that some probate administration is usually necessary is that the decedent owned a home or other real estate. A simple procedure called a Declaration of Heirship can solve your problems. Learn more about the Declaration of Heirship..
DO ALL OF THE HEIRS GET ALONG?
If so, the heirs can select one or more of them to serve as an "independent administrator" and dramatically reduce the costs of administration. Read the details about Independent Administration.
HOW ABOUT MUNIMENT OF TITLE?
This is a procedure where the will is filed to evidence who inherited a piece of property. Although a simple procedure, there must be a will. If there is no will, this simply isn't an option.