In this episode, Melinda Eitzen sits down with probate and estate planning attorney David Pyke to explore the crucial intersection between family law and estate planning. From prenuptial agreements to wills, powers of attorney, and post-divorce updates, they discuss how proactive planning can protect your assets, your family, and your future.

About Guest:

David Pyke is a probate and estate attorney at Pyke & Associates in Dallas, TX. To contact David visit their website at dallasprobatelaw.com.

Main Takeaways

• Prenups and postnups (marital property agreements) help define ownership and prevent conflicts between estate and divorce outcomes.
• Having a will isn’t enough—without a marital property agreement, assets acquired during marriage are presumed community property.
• Record keeping matters: keep digital copies of financial statements as proof of separate assets.
• After divorce: always update your will and beneficiaries—divorce automatically voids gifts in a will.
• Trusts and powers of attorney are essential tools for complex estates or when planning for incapacity.
• Review your estate documents every five years or after major life changes like death, divorce, or incapacity.

Quotes from the Episode

“All marriages end—either in death or divorce—and the legal ramifications are the same. So, do you have rules?” – David Pyke
“Community property with your name on it means nothing.” – David Pyke
“It’s never fine to do nothing, because the law says divorce voids any gift in a will.” – David Pyke
“If someone says there’s a way to avoid income taxes, fold up your pocketbook and run.” – David Pyke