How does intestate succession work in Delaware with no spouse and two children?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a Delaware resident dies intestate (without a valid will) and leaves no surviving spouse but two children, Delaware’s intestate succession statutes govern the distribution of the estate. Under Del. Code Ann. tit. 12, § 302 (Descent of intestate […]
Read article →How does intestate succession work in Delaware when no will exists and decedent died with no spouse and three children?
Disclaimer This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Delaware law, when a person dies without a valid will (intestate) and leaves no surviving spouse but does leave descendants, those children inherit the entire estate equally. […]
Read article →How can the Slayer statute rule affect an heir’s right to inherit from a decedent’s estate in Delaware?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Delaware, the slayer statute disqualifies an individual from inheriting from a decedent’s estate if that individual unlawfully and intentionally kills the decedent. Under 12 Del. C. § 1701, a person who is convicted of murder, or against whom […]
Read article →How does title transfer for an inherited home when there is no will and multiple heirs under Delaware law?
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer: Title Transfer Under Delaware's Intestate Succession Rules When someone dies without a will ("intestate") in Delaware, the Court of Chancery oversees the distribution of real property. Heirs must follow a specific process to transfer title to an inherited home. 1. Open […]
Read article →What Steps Are Involved in a Delaware Medicaid Estate Recovery Claim Against Inherited Property?
Detailed Answer When a Delaware resident aged 55 or older receives Medicaid for long-term care, the state can seek to recover costs from their estate after death. Inherited property is a common target. Below are the core steps involved in a Delaware Medicaid estate recovery claim: 1. Identification of Medicaid Benefits and Estate Interests The […]
Read article →How Do I Determine Who the Intestate Heirs Are of My Father's Estate in Delaware?
Determining Intestate Heirs of Your Father's Estate in Delaware Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies without a valid will, they die intestate. In Delaware, the state distributes an intestate estate under Title 12, Chapter 3 of the Delaware Code (12 Del. C. […]
Read article →Can I Appeal a Probate Court Decision Removing a Personal Representative in Delaware?
Detailed Answer In Delaware, probate matters—including the removal of a personal representative—fall under the Orphans’ Court. If the court removes a personal representative, you generally may appeal that decision to the Delaware Supreme Court. Statutory Basis for Removal 12 Del. C. § 3916 authorizes the Orphans’ Court to remove a fiduciary, including an executor or […]
Read article →Does the Personal Representative Have to Provide a Copy of the Accounting in a Delaware Probate Matter?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer: Right to a Probate Accounting in Delaware Under Delaware law, a personal representative must file and serve accountings on interested persons. 12 Del. C. § 3509 requires the personal representative to prepare periodic and final accountings. You qualify as an […]
Read article →How to Determine What Assets Remain in an Estate After Paying Debts and Fees in Delaware
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Delaware law, calculating the net assets of an estate requires three main steps: inventory and appraisal, claims allowance, and distribution of the residue. 1. Inventory and Appraisal The personal representative must identify and value all probate assets, including […]
Read article →What options exist for a personal representative with limited funds for handling creditor claims in Delaware?
Detailed Answer Under Delaware law, a personal representative with limited funds can take several steps to manage creditor claims efficiently and limit personal liability: Assess Estate Size and Qualify for Summary Administration: If the estate’s total value is under $20,000, you may use the small estate affidavit process instead of full probate (12 Del. C. […]
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