Requesting a Commissioner for a Private Sale in a Delaware Partition Case
When and how you can ask a Delaware court to appoint a commissioner to handle a private sale in a partition case Short answer: Under Delaware law, courts that hear partition actions have equitable power to appoint a neutral officer (often called a commissioner or special master) to oversee the sale of real property. A […]
Read article →Fixing Probate Paperwork Errors in Delaware: Correcting a Wrong Sibling Listing
How to Fix Mistakes in Delaware Probate Paperwork (for example: the wrong sibling listed) Short answer: Small clerical errors in Delaware probate paperwork can often be fixed by filing corrected paperwork or an amendment with the Register of Wills / Orphans’ Court. If the error affects who inherits or who should be notified, you will […]
Read article →Delaware: What Powers a Financial Power of Attorney Gives Your Agent
How a Delaware financial power of attorney shapes an agent's authority Short summary: A financial power of attorney (POA) lets you name an agent to manage money and property for you. In Delaware, a properly drafted POA can give broad authority—banking, paying bills, managing investments, buying or selling real estate, filing taxes and more—or it […]
Read article →Securing Wrongful Death Settlement Proceeds in Delaware
How to Hold Wrongful Death Settlement Money Securely Through the Court in Delaware Detailed Answer This article explains how a claimant or beneficiary in Delaware can ask the court to secure settlement proceeds before full distribution. It covers who may ask the court for protection, typical court steps, paperwork the clerk will expect, and special […]
Read article →Delaware: How to File a Motion to Determine Your Right to Surplus Funds After a Foreclosure
How to Ask a Delaware Court to Determine Your Right to Surplus Funds After a Foreclosure This article explains, in plain language, the usual steps someone in Delaware would take to file a motion or petition to determine entitlement to surplus funds that remain after a foreclosure sale. It assumes you are starting with no […]
Read article →Delaware: Releasing Escrow or Trust Funds Before a Deed Is Recorded
Short answer Yes — but releasing escrow or trust funds before a deed is recorded carries risk and depends on what the parties agreed to, the escrow instructions, and the role of the closing agent or title company. In Delaware, recording a deed creates constructive notice to the world. If funds are released before recording […]
Read article →How to Probate a Copy of a Will in Delaware
Probating a Copy of a Will in Delaware: What You Need to Know This FAQ-style guide explains how to probate a copy of a will in Delaware and how to avoid a presumption that the will was revoked. This is educational information only and not legal advice. Quick answer In Delaware you can ask the […]
Read article →Delaware: What Happens If a Will Was Not Properly Signed?
FAQ: What happens if a will wasn't properly signed under Delaware law? Short answer: If a will is not executed according to Delaware’s formal requirements, the probate court may refuse to admit it as a valid will. That can cause the estate to be distributed under intestacy rules (or under an earlier valid will, if […]
Read article →Delaware — Do You Have to Attend a Minor Settlement Hearing and What to Expect
Understanding Court Approval for Minor Settlements in Delaware Disclaimer: This is general information and not legal advice. For advice about your specific situation, consult a licensed Delaware attorney. Detailed answer When a person under age 18 (a minor) has a legal claim—such as a personal injury, medical malpractice, or a negligence claim—Delaware courts typically require […]
Read article →Delaware Guide: Guardian ad Litem for Minor Injury Settlements
Understanding the Role of a Guardian ad Litem in a Minor's Injury Settlement in Delaware Short answer: A guardian ad litem (GAL) is a person the court appoints to investigate and protect a minor’s legal interests when the minor’s claim is being resolved. The GAL reviews the facts, evaluates the settlement’s fairness, reports to the […]
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