Delaware: Recovering Sentimental Property Held by a Sibling During Probate
Detailed Answer This explains what steps a person can take in Delaware if a sibling is holding family keepsakes or other personal property after a relative’s death and those items are not being turned over through the normal probate process. The guidance summarizes how property is treated during probate, the duties of the personal representative, […]
Read article →Delaware: Do Administrators Need to Post a Bond in Intestate Probate?
Understanding Bond Requirements for Administrators in Delaware Intestate Estates Short answer: Delaware courts commonly require a probate bond for a person appointed to administer an intestate estate, but that bond can sometimes be waived if all interested heirs or beneficiaries agree and the court approves. Waiving bond shifts risk from the bond company to the […]
Read article →How to Apply to Be Administrator of an Intestate Estate in Delaware
How to apply to serve as administrator of a decedent’s estate in Delaware Quick answer: If your mother died without a will (intestate) in Delaware, you can apply to be appointed as administrator (sometimes called personal representative or administrator of the estate) by filing a petition in the appropriate county Register in Chancery. The Register […]
Read article →Delaware: Enforcing or Disputing an Oral Agreement Dividing Wrongful Death Proceeds
Enforcing or Disputing an Oral Agreement Dividing Wrongful Death Proceeds — Delaware FAQ Short answer: In Delaware an oral agreement to divide wrongful death proceeds can sometimes be enforced, but enforcement depends on who had authority to settle, whether the agreement was a valid contract, and whether a court (probate or civil) already approved a […]
Read article →Selling an Estate House Facing Foreclosure When a Co-Administrator Refuses to Sign — Delaware
Selling an Estate Home Facing Foreclosure When a Co-Administrator Refuses to Sign (Delaware) Disclaimer: This is educational information only and not legal advice. For guidance tailored to your situation, consult a Delaware probate or real estate attorney. Detailed answer — step-by-step under Delaware law If a decedent’s house is an asset of an estate and […]
Read article →Delaware — How to Get Court Approval to Release Estate Funds When Beneficiaries Disagree
Overview If estate beneficiaries or creditors disagree about how to split estate funds, the personal representative (executor or administrator) can ask the Delaware probate system to decide whether and how money may be released. The court can authorize an interim distribution, order funds deposited in escrow or the court registry, require a bond or other […]
Read article →Delaware — Which Assets Must Go Through Probate vs Pass Directly to Survivors
How Delaware Handles Probate: Which Assets Go Through Court Administration and Which Pass Directly to Survivors This FAQ-style guide explains, in plain language, which assets typically must go through court administration (probate) under Delaware law and which pass directly to survivors. This is educational information only and is not legal advice. Detailed Answer — Overview […]
Read article →Delaware: Will the Leftover Proceeds from Selling My Parents’ Home Be Distributed Under My Dad’s Will?
Detailed Answer Short answer: Usually yes — if the money left over after selling your parents' home and paying valid debts and administration expenses is properly part of your dad’s probate estate, it will be distributed according to his will. But several common situations can change that result. Read the explanation below to see which […]
Read article →Delaware — How to Appeal a Physical Therapy Claim Denial for “Late Filing”
How to appeal a denied physical therapy claim that your health plan says was filed late (Delaware) Short answer: First determine whether your plan is governed by federal ERISA rules (common for employer-sponsored plans) or by Delaware insurance law (more common for individual and fully insured group plans). Gather proof that you filed the claim […]
Read article →Delaware — Reimbursing Yourself from an Estate for a Decedent’s Vehicle Lien
Can I reimburse myself from the estate for the money I paid from my own funds toward the decedent's vehicle lien? Short answer: Possibly — but it depends on who you are (personal representative or a third party), whether the payment was necessary and reasonable to preserve estate assets, and whether a Delaware probate court […]
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