I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.
Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.
There are IRS Annuity LE/REM Valuation Tables in the Treasury Regulations, which are easy to apply. However I doubt you have a life estate but instead are an heir at law and thus a tenant in common with the other heirs. Check the title and DE intestate succession laws, or better, hire a...View More
I do not practice in Delaware, but everywhere that I do practice, yes, a vehicle with an outstanding loan is both an estate asset (as to the value of the vehicle) and an outstanding estate debt (as to the outstanding balance of the loan).
This type of asset generates all kinds of issues...View More
There is more than one way to accomplish this, and the choice depends on a lot of other factors that you have not mentioned. This is not a do-it-yourself project. You should contact an experienced estate planning attorney for assistance.
Is it proper ,in a Trust's checking account, in published checks, the trustee puts her name and address at least twice as large as the name of the Trust, and omits the sole beneficiary's name (which is part of the Trust legal name/title) and omits the E.I. N. number indicating this is a... View More
She is a beneficiary of the trust and the RMDs are to be used for her medical and living expenses each year. The executor does not want to distribute the RMD this year but she relies on it for her medical care. Does she have any recourse?
It is not possible to answer your question without reviewing the trust instrument. The answer depends on the distribution standard in the trust, and distribution standards vary a great deal from trust to trust.
By the way, the administrator of a trustee is usually called the...View More
The law generally presumes that caring for an elderly parent is done purely out of love and affection and not for compensation UNLESS there is an agreement to pay compensation, preferably in writing. Also, keep in mind that if you do manage to prove your claim against the estate for caregiver...View More
divided between us. I live in DE - she lives in GA where the lawyer is - there has been nothing posted in paper regarding death or collections? she is asking me to make her "sole executor" which i do not want to do. What are my options to resolve this issue & split the inheritance?
She might want to be sole executor solely for convenience. Or she might want to keep the executor fee all for herself. Or, she might have more even more nefarious reasons. There is no way any attorney answering this question can know.
Your grandmother had reasons for naming both of...View More
State is Delaware. I was given lifetime right of occupancy via my grandmother's will. She left the house to her oldest son, my uncle, with the caveat that I had a lifetime right of occupancy. Now, I have discovered that the house has been sold. No one told me about this. Wondering if I have... View More
It is unclear what exactly you are asking, but I'm going to say 'yes' because regardless of how you interpret this you can leave assets to children, grandchildren, children AND grandchildren, or to Children first and then to grandchildren should something happen to the children....View More
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...View More
She cannot withdraw funds from the account until she has been appointed administrator of the estate. If, however, your ex husband added his mother's name to the account, then she would in fact be able to withdraw funds.
She should not have the right to get a key until she has been...View More
The claim would be filed against the Estate. It has to be filed within 8 months after the date of death.
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