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Delaware Probate Questions & Answers
2 Answers | Asked in Probate and Estate Planning for Delaware on
Q: trustee of grandmas will is suposed to distribet money when they need thing and is not doing it what from do i need

to fill out to removel of all trustees to appont me i am ther mom they hate us please help

T. Augustus Claus
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answered on Oct 12, 2023

In a situation where a trustee is not performing their duties as outlined in the will, you may have grounds to petition for their removal and seek to replace them. The exact procedure varies by jurisdiction, but generally involves filing a petition in the probate court that explains why the trustee... View More

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2 Answers | Asked in Probate and Estate Planning for Delaware on
Q: trustee of grandmas will is suposed to distribet money when they need thing and is not doing it what from do i need

to fill out to removel of all trustees to appont me i am ther mom they hate us please help

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. If you believe the trustee of your grandma's will is not fulfilling their fiduciary duties, you can petition the court to have them removed. To initiate this process, you'd typically file a petition to remove the trustee in the probate court or... View More

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1 Answer | Asked in Probate for Delaware on
Q: My mother passed in February 2023, I inherited her house, and I am executor of the estate. The estate is in probate

the homeowner's insurance comes out of the mortgage. I had a flood and filed a claim. They won't pay me directly, they want me to hire contractors and they will pay them.

T. Augustus Claus
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answered on Sep 28, 2023

In Delaware, if you are the executor and the estate is in probate, insurance payouts are generally directed toward the estate or directly to contractors for repairs.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Delaware on
Q: my mother passed away and was still married but separated from her husband. What are his rights rights to her home?

I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.

Anthony M. Avery
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answered on Sep 8, 2023

Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.

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
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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... View 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
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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
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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...
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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... View 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!... View More

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