Delaware Probate 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: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?

1 Answer | Asked in Collections and Probate for Delaware on
Answered on Aug 23, 2017
Kenneth V Zichi's answer
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!

Get a local lawyer on board NOW to help defend you if you feel this is likely to happen!

--This answer is provided for informational purposes only and does not create an attorney - client...

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