DE: spouse died, no will, adult children from 1st marriage, minor from our marriage. house in his name. must sell house to pay his bills. how do we calculate what my "lifetime rights" are worth?
answered on Mar 8, 2023
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... Read more »
answered on Dec 1, 2021
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... Read more »
3 year relationship
answered on Apr 22, 2021
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... Read more »
answered on Feb 8, 2021
As a beneficiary you are entitled to periodic accountings. You probably need to hire an attorney to help you enforce your rights. You are looking for a trust litigation attorney.
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?
answered on Apr 8, 2020
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... Read more »
Over to my sister since I'm out of state. In the will we split evenly. Can I bill the estate for the 6 months I took care of mom
answered on Feb 6, 2020
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... Read 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?
answered on Nov 12, 2019
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... Read more »
He was almost $18K in child support arrears and his mom never knew about his annuity, so she never set up probate court. Instead she simply had him cremated. How do I place a lien against his annuity?
answered on Jan 17, 2018
If he owes back child support, and the annuity will pass through probate you can make a claim against the estate for the child support.
The process is complicated, and if your children are all minors their interest in the estate needs to be addressed, and FURTHER if there was a beneficiary... Read 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... Read more »
answered on Jan 12, 2018
I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.
If she has passed, was the will properly probated and the property transferred to you and your... Read more »
answered on May 29, 2017
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.... Read more »
had her make a new will without my knowledge. Is this legal?
answered on Jul 19, 2014
Unless your sister was mentally incompacitated at the time she signed her new Will, the fact that you have POA for her does not prevent your sister from signing a new Will.
answered on Mar 25, 2014
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... Read more »
Attourney will the take records depositionof the RECORDS CUSTODIAN OF THE STATE BUREAU OF IDENTIFICATION, on august 1, 2013
answered on Nov 12, 2013
This is the lawyer's way of informing you that he has subpoenaed certain records. A deposition will not be taken so long as the records are produced by the stated date.
My ex husband dies may 1st and i was his sole caregiver for 2 yrs. I was taken care of him and making sure he was ok.
May 1st @1035 am he died at home.
His mother applied to be the administer if the estate om may 15, and the recorder of will said that she will not be the administer... Read more »
answered on Jan 11, 2013
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... Read more »
answered on Jan 16, 2013
Contact the Regiser Of Wills for the County in which your mother lived. They have the forms, and you can schedule an appointment. They are very helpful.
answered on Jun 21, 2014
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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