West Chester, PA asked in Estate Planning for Delaware

Q: In the state of Delaware if there is no will what % of the estate goes to the children and what to surviving spouse?

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1 Lawyer Answer
Charles Snyderman
Charles Snyderman
  • Wilmington, DE
  • Licensed in Delaware

A: This answer assumes that the children are the children of both the decedent and the surviving spouse. Under Delaware law, the surviving spouse gets the first $50,000 of the personal estate, plus 50% of the balance of the personal estate. If the surviving spouse took title to the house with the decedent as husband and wife, the house belongs to the surviving spouse. If, however, the surviving spouse was not on the deed, the house is owned by the children subject to a life estate in the surviving spouse.

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