Delaware Estate Planning Questions & Answers

Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?

1 Answer | Asked in Child Support, Estate Planning and Probate for Delaware on
Answered on Jan 17, 2018
Kenneth V Zichi's answer
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 names and the annuity won't pass through probate there are additional issues.

Seek local legal help -- your divorce attorney probably knows how to best address the system in your area -- and...

Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Answered on Jan 12, 2018
Kenneth V Zichi's answer
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 uncle according to the terms of the will? If so, then the REMAINDER interest in the house subject to your life 'lease' COULD be sold, but that won't impact your right to reside there. If it was not...

Q: can you list in your Maryland will as beneficial alternatives both children and grandchildren?

1 Answer | Asked in Estate Planning for Delaware on
Answered on May 29, 2017
Kenneth V Zichi's answer
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.

But your statement in the will needs to be CLEAR AND UNAMBIGUOUS or there will be issues. Bottom line, it is ALWAYS a good idea to hire a local estate planning attorney to help you draft an appropriate will to...

Q: I was named as Power of Attorney in my sister's original will. Then a friend of hers took her to another lawyer and

1 Answer | Asked in Estate Planning for Delaware on
Answered on Jul 19, 2014
Charles Snyderman's answer
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.

Q: Can a credit card company file a claim on deceased person's account balance

1 Answer | Asked in Estate Planning for Delaware on
Answered on Jun 21, 2014
Charles Snyderman's answer
The claim would be filed against the Estate. It has to be filed within 8 months after the date of death.

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

1 Answer | Asked in Estate Planning for Delaware on
Answered on Mar 25, 2014
Charles Snyderman's answer
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...

Q: What does it mean when you get a notice from petititioners lawer saying.....please take notice that the undersigned

1 Answer | Asked in Estate Planning for Delaware on
Answered on Nov 12, 2013
Charles Snyderman's answer
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.

Q: What form do i need to handle my mothers estate

1 Answer | Asked in Estate Planning for Delaware on
Answered on Jan 16, 2013
Charles Snyderman's answer
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.

Q: PROBATE

1 Answer | Asked in Estate Planning for Delaware on
Answered on Jan 11, 2013
Charles Snyderman's answer
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 appointed administrator.

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