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Delaware Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Delaware on
Q: I went to Delaware and cared for my mother for 6 months while on hospice. I was co-executer on the will but signed that

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

Nina Whitehurst
Nina Whitehurst 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 »

1 Answer | Asked in Probate and Estate Planning for Delaware on
Q: My grandmother passed away Oct 3. My aunt & I are listed as co-executors & everything she owned is to be equally

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?

Nina Whitehurst
Nina Whitehurst 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...
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1 Answer | Asked in Probate for Delaware on
Q: I need advise on being able to get a name change.

CDL license renewal requires you show proof of a name change that is different from your birth name. I have a problem because When I got married I used my stepfather's last name due to the fact I did not like my last name. Now they courts say I have to show proof how my name changed.

Nina Whitehurst
Nina Whitehurst answered on Sep 16, 2019

If you have a specific question you can post it in this forum. If you need representation you can search for an attorney in this website and contact them directly.

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
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...
Read more »

1 Answer | Asked in Collections and Probate for Delaware on
Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?

My mother passed away August two years ago. She had a house but was the only name on the deed. The estate was turned over by the state to a lawyer to be the executor and the house was sold in Sherriff's sale. There was no money in the estate. Her homeowner association is trying to sue my... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 23, 2017

Probably not, but if they try it is IMPORTANT that you defend yourself! Don't let court notices go unanswered, and be sure you have an attorney on board who can review the WHOLE situation to insure there isn't some important fact that would create liability that we are missing here!... Read more »

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