Can I become the personal representative of my sister's estate? (DE)
Detailed Answer — How Delaware law treats appointment of a personal representative Short answer: Yes — you can become the personal representative of your sister’s estate in Delaware if you are the person named as executor in her valid will or, if there is no will, if you are next in priority under Delaware’s probate […]
Read article →Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? — Delaware (DE)
Do wrongful death proceeds pass according to a decedent's Last Will and Testament in Delaware? Short answer No. In Delaware, most wrongful death proceeds are distributed according to the wrongful-death statute and the statutory beneficiaries (surviving spouse, children, etc.), not simply by the decedent’s will. However, amounts awarded on the decedent’s own claims (survival actions) […]
Read article →How do I apply to be appointed as the personal representative of a deceased relative’s estate in DE?
Detailed answer: How to apply to be appointed as a personal representative in Delaware If a close relative has died and you want to serve as the estate’s personal representative (sometimes called an executor if there is a will, or an administrator if there is no will), Delaware law gives a clear process. Below is […]
Read article →Do I have to list personal property assets when completing a year’s allowance in Delaware?
Disclaimer: This article provides general information about Delaware estate law. It does not constitute legal advice, nor does it create an attorney–client relationship. Detailed Answer In Delaware, a surviving spouse may claim a year’s allowance—a statutory right to receive certain assets for support during the first year after the decedent’s death. Under 12 Del. C. […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate? – DE
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Under Delaware probate law, gathering key information and documentation before an individual’s passing can significantly reduce delays, court costs, and family stress. Below is a comprehensive list of records and details to collect in advance: 1. Estate Planning Documents […]
Read article →How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in Delaware?
Disclaimer This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Who Can Challenge a Trustee in Delaware? Under Delaware law, any current beneficiary with a present or future interest in the trust may challenge a trustee’s misconduct. In some cases, […]
Read article →How can I obtain proof of lost wages in Delaware when my former employer will not provide payroll records?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Delaware law, employers must keep accurate wage and hour records. The Delaware Wage Payment and Collection Act (Title 19, Chapter 11) requires employers to retain records showing hours worked, wage rates and total wages paid for at least […]
Read article →How do I calculate and support lost wage claims when hours and pay rate records are missing? – DE
Detailed Answer This overview explains how to reconstruct and support a lost wage claim when you lack complete records under Delaware law. Note: This is not legal advice. Consult an attorney or the Delaware Department of Labor for specific guidance. Under the Delaware Wage Payment and Collection Act (Title 19, Chapter 11, Subchapter II), employers […]
Read article →How to Seek Damages from Multiple At-Fault Parties in Delaware When Shared Policy Limits Leave Expenses Unpaid
Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney to address your specific situation. Understanding Delaware’s Liability Rules Under Delaware law, each party at fault in an accident may bear liability for a share of damages. When one insurance policy covers multiple defendants and its limit is exhausted, a […]
Read article →How can original wills and codicils be located and verified before opening probate in DE?
Detailed Answer: Locating and Verifying Original Wills and Codicils in Delaware Before opening probate, it is essential to locate and authenticate the decedent’s original will and any codicils. Delaware law provides specific procedures to help you find these documents and confirm their validity. Search the Register of Wills Under Delaware law, the drafting attorney or […]
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