What options exist for selling or transferring real property when an heir is a minor child in Delaware?
Detailed Answer When an heir to real property is a minor, Delaware law prevents the minor from conveying legal title without court oversight. You have several options to sell or transfer the property: 1. Appoint a Guardian of the Estate Under 12 Del. C. § 3908 (Powers of Guardian) and § 3913 (Sale of Real […]
Read article →How can someone request an amendment to a police report in Delaware?
When a Delaware police report contains incorrect details, you can request an amendment to protect your rights and ensure accurate public records. This process involves Delaware’s criminal justice and public records laws. Detailed Answer Under Delaware law, you may ask a police agency to correct or annotate a report that contains errors or omissions. Agencies […]
Read article →What evidence or documentation supports a request to amend a police report in Delaware?
Detailed Answer Delaware does not have a specific statute that governs the amendment of police reports. Instead, law enforcement agencies set their own procedures. You can request an amendment to a report when you believe it contains inaccurate or incomplete information. To succeed, gather clear, credible evidence and follow the agency’s records or internal affairs […]
Read article →How Can an Interested Party Determine If Surplus Funds Remain After a Foreclosure Sale in DE?
Disclaimer: This is not legal advice. It provides general information about Delaware law and procedures. Consult a qualified attorney for advice on your specific situation. Detailed Answer 1. Understand Delaware Foreclosure Sales Delaware uses a judicial foreclosure process. After a lender obtains a judgment, the sheriff conducts a sale of the property at public auction. […]
Read article →What steps are required to file a petition for surplus foreclosure funds in Delaware?
Understanding Surplus Funds After a Foreclosure in Delaware When a property sells at a foreclosure sale, sometimes the sale price exceeds the debt, interest, costs, and fees. Under Delaware law, the extra money, known as surplus proceeds, belongs to the former owner and any junior lienholders. To claim these funds, you must follow specific steps […]
Read article →Do I Get Any Ownership Interest in Delaware Real Property If I Am Paying the Mortgage?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Delaware for guidance on your specific situation. Detailed Answer Under Delaware law, ownership of real property is determined by the deed recorded at the county Recorder of Deeds. A mortgage is simply a lien against the […]
Read article →Do I Get Ownership Interest in Delaware Real Property by Paying Property Taxes?
Detailed Answer Under Delaware law, simply paying property taxes on real estate does not automatically grant you any ownership or equitable interest in that property. Property ownership transfers only through a valid deed or court order. While tax liens secure the government’s right to collect unpaid taxes, a private individual who pays another owner’s taxes […]
Read article →How to determine if other creditors or lienholders could have claims to surplus funds in Delaware
Detailed Answer Disclaimer: This is not legal advice. Consult a qualified attorney to discuss your specific situation. When a property sells at a Delaware foreclosure auction, any sale proceeds that exceed the debt owed become surplus funds. Under Delaware law, the sheriff retains those funds and distributes them according to lien priority. See 25 Del. […]
Read article →How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in Delaware?
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. You should consult a qualified attorney for advice tailored to your situation. Detailed Answer Under Delaware law, a surviving spouse may claim a family allowance from the decedent’s estate to cover basic living expenses. The allowance process falls under Title 12, […]
Read article →What Steps Are Needed to Identify and Resolve Hospital or Insurer Liens Before Disbursing Settlement Funds in Delaware?
How to Identify and Resolve Hospital and Insurer Liens Before Paying Out Settlement Funds Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation. Detailed Answer Step 1: Identify Potential Liens After you reach a settlement, begin by surveying all […]
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