Recovering Funeral and Pre-Administration Costs from an Estate in Delaware
Recovering Funeral and Pre-Administration Costs from an Estate in Delaware Disclaimer: This is general information and not legal advice. It does not create an attorney-client relationship. For specific legal guidance about your situation, consult a licensed Delaware attorney. Detailed answer: How reimbursement for funeral expenses and other pre-administration costs works in Delaware If you paid […]
Read article →Delaware: Can an Estranged Spouse Claim Under an Estate if Divorce Was Not Final?
What You Need to Know About Estate Claims When a Divorce Is Not Final in Delaware Short answer If a spouse dies before the divorce is final, Delaware law generally treats the surviving spouse as still married for probate and inheritance purposes. That means the estranged spouse can usually inherit under a will, take an […]
Read article →How do I re-record or update a joint survivorship deed after co-owners died in DE?
Step-by-step: Updating or Re-recording a Joint Survivorship Deed After Co-Owners Died (DE) Disclaimer This is educational information only and not legal advice. I am not a lawyer. For help that applies your facts to Delaware law, contact a Delaware real property attorney or the appropriate county recorder. Detailed answer — what to do when co-owners […]
Read article →What can I do if the personal representative sends me a payment without explaining how they calculated my share of the estate? (DE)
Detailed Answer Short answer: Under Delaware law you can (1) ask the personal representative for a written accounting and an explanation of how your share was calculated, (2) preserve all communications and documentation, and (3) if the representative refuses or provides an incomplete explanation, you can petition the probate process to compel an accounting, object […]
Read article →What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened Delaware estate? (DE)
Detailed Answer Short answer: To show you are next of kin and to be appointed administrator of a reopened estate in Delaware you will generally need a certified death certificate, certified documentary proof of your family relationship to the decedent (birth, marriage, adoption, or divorce records as appropriate), a sworn affidavit or petition identifying heirs, […]
Read article →What steps do I need to take when the original estate administrator has died before completing the probate? (DE)
What to do when the original estate administrator dies before probate is complete — Delaware Disclaimer: This is educational information and not legal advice. For legal guidance specific to your situation, consult a Delaware probate attorney or the Register of Wills for the county where the decedent lived. Detailed Answer — Steps to take under […]
Read article →How can I reopen my father's closed estate in Delaware so I can be appointed as administrator? (DE)
Detailed Answer Quick summary: In Delaware, a probate court can reopen a previously closed estate in limited circumstances so a new personal representative (often called an administrator if there is no will) can be appointed. To pursue reopening you must locate the original probate file, show a valid legal reason to reopen, file a petition […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago? (DE)
Detailed Answer When a current survey or title search shows a recorded conveyance out of your deceased mother’s estate decades ago, the short practical result under Delaware law is this: if the conveyance was valid and properly recorded, the person shown on the deed likely owns the property today and you usually no longer have […]
Read article →Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? (DE)
Detailed Answer Summary: If someone removed personal property from a house before you lawfully took possession, you may be able to recover those items or obtain money damages under Delaware law. The exact path depends on your legal status (buyer, assignee, executor/administrator, or person with a court-ordered right of possession), what the removed items were […]
Read article →How do I get the probate court’s permission to sell property when the clerk won’t explain filing requirements? — DE
Getting Court Permission to Sell Estate Property in Delaware When the Clerk Won't Explain Filings Short answer: If you are the executor, administrator, or other fiduciary for a Delaware estate and you need court permission to sell real property but the clerk’s office won’t explain the filing requirements, you should (1) identify the correct probate […]
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