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Delaware Estate Planning Questions & Answers

1 Answer | Asked in Child Support, Estate Planning and Probate for Delaware on

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

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?

Kenneth V Zichi 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...
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1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on

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

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 any... Read more »

Kenneth V Zichi 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...
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1 Answer | Asked in Estate Planning for Delaware on

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

Kenneth V Zichi 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.

But your...
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1 Answer | Asked in Estate Planning for Delaware on

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

had her make a new will without my knowledge. Is this legal?

Charles Snyderman 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.

1 Answer | Asked in Estate Planning for Delaware on

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

Charles Snyderman 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.

1 Answer | Asked in Estate Planning for Delaware on

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

Charles Snyderman 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 »

1 Answer | Asked in Estate Planning for Delaware on

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

Attourney will the take records depositionof the RECORDS CUSTODIAN OF THE STATE BUREAU OF IDENTIFICATION, on august 1, 2013

Charles Snyderman 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.

1 Answer | Asked in Estate Planning for Delaware on

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

Charles Snyderman 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.

1 Answer | Asked in Estate Planning for Delaware on


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 »

Charles Snyderman 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 appointed...
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