Who Gets the Sale Proceeds from a Deceased Parent’s House in Delaware — A Practical FAQ
Disclaimer: I am not a lawyer. This information is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed Delaware attorney. Detailed answer — How to trace where sale proceeds from a deceased parent's house will go (Delaware) If your father owned a house that will be sold, […]
Read article →Delaware: Can a Prenuptial Agreement Affect a Life Estate or My Inheritance, and What to Do If the Executor Refuses?
FAQ — Prenuptial agreements, life estates, inheritance shares, and executor access under Delaware law Detailed answer Short answer: Yes — a valid prenuptial agreement can change the property and inheritance outcomes you expect under Delaware law. Whether it changes a specific life estate or your eventual share depends on what the prenup specifically says, how […]
Read article →Delaware: How to Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale
How to Verify an Executor’s Calculation of Your Percentage Share from a Sibling’s Home Sale in Delaware Quick answer If you suspect the executor (personal representative) has miscalculated your share of proceeds from a sibling’s house sale, you can confirm the math by (1) identifying how the will or intestacy law in Delaware defines your […]
Read article →Delaware: Selling a Deceased Parent’s House During Probate When a Mortgage Remains
Introduction When a person dies owning a home that still has a mortgage, family members often want to know whether the house can be sold while the estate is in probate. This article explains how Delaware law treats sales of real property during estate administration, how existing mortgages affect the sale, and practical steps an […]
Read article →Delaware: Do You Need to Publish a 3‑Month Notice to Creditors Under the Small Estate Process?
What to know about creditors’ notice and selling a decedent’s home in Delaware Detailed Answer Short answer: Maybe — but most of the time you cannot rely on a simple "small estate" affidavit to sell real estate in Delaware without following probate or getting court authority. Whether you must publish a three‑month notice to creditors […]
Read article →Proving the Value of a Deceased Relative’s Vehicle in Delaware Probate
Detailed Answer When someone dies in Delaware, the personal representative (executor or administrator) must identify estate property and establish its value for the probate court, beneficiaries, and creditors. Vehicles owned by the decedent usually count as estate assets unless title shows a non-probate transfer (for example, joint ownership with right of survivorship or a properly […]
Read article →How to Prove Vehicle Value During Probate in Delaware
Proving the Value of a Deceased Person's Vehicles in Delaware Probate Quick overview: If you are the personal representative (sometimes called executor or administrator) handling a decedent’s estate in Delaware, you must report the fair market value of the decedent’s vehicles as of the date of death. The court and interested parties need reliable documentation […]
Read article →How to Become a Limited Personal Representative in Delaware
Step-by-step guide to getting appointed as a limited personal representative in Delaware This FAQ-style guide explains the practical steps someone typically follows in Delaware to seek appointment as a limited personal representative so they can run a notice to creditors and address the sale of real property. This is educational information only and not legal […]
Read article →Delaware — What Happens to Your LLC Membership Interest When You Die
What happens to an LLC membership interest in Delaware if the operating agreement is silent about death? Detailed answer Short answer: If an LLC operating agreement does not say what happens to a member’s interest upon death, Delaware’s Limited Liability Company Act sets default rules. The deceased member’s economic interest (the right to distributions and […]
Read article →Delaware — How to Prove a Zero Balance and Close a Spouse’s Estate
Proving a Zero Balance and Formally Closing a Spouse’s Estate in Delaware Short answer: To close your spouse’s estate in Delaware you must show the court that the estate has been administered, all known debts and taxes have been paid (or properly handled), and that the remaining assets have been distributed. You typically do this […]
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