Delaware Recent Legal Answers from Lawyers

Well, if she never signed it over to you then there will have to be some sort of probate proceeding. If she had other assets that she had not "signed over" to people then an estate needs to be opened in the Probate Division of the Circuit Court for the county where she was living at the time of her death. If she left a will, that needs to be filed with that same court. If there was no will the estate will be "intestate." The estate has to be opened within one year from the date of her death. If the vehicle is the only asset you might be able to file a small estate affidavit but you would be liable for some of her debts, etc. at least up to the value of the van.... Read More

Almost certainly, yes, but just because the court considers such evidence does not mean that the court will find it a compelling reason to award you child custody. If the parent's current circumstances are stable and sober, the past usually doesn't weigh all that heavily on the here and now decisions before the court (some judges are exceptions, but that's my general view).... Read More

In Wisconsin, the person named in a will to act as personal representative (also known as executor) has a legal obligation to file the will with the court within 30 days. Once the will is filed with the court, the document becomes public record and you can go to the courthouse to obtain a copy.... Read More

You should have an affidavit prepared for your uncle and the affidavit (sworn statment) should give both the street address and the legal description of the property in question. Then it should recite that you uncle and his mother(name) owned the property as joint tenants with right of survivorship (assuming this was how they owned it); that his mother (state name) die on (insert date of death); that (name of uncle) is now the sole owner. Then the affidavit should be signed in the presence of a notary public and then recorded at the office of recorder of deeds for the county in which the property is located.... Read More

It sounds to me as though your mother may have established a trust under her will. If that is the case, the personal representative (executor) of the estate would have made distribution of the residuary estate (what remained after all bills and specific bequests were satisfied) to the trustee of the trust. The trust would then manage these assets making distributions to you as you indicated in your question (a portion at 25, etc.). If this was indeed what happened the estate could be closed by the personal representative. Of course, you have the right to see the trust and all other documents relating to the estate. I would check the court file at the probate division of the circuit court in the county in which your mother lived at the time of her death).... Read More

No. If you die not married and she's your only child, she'll get it. You can avoid probate by putting it into a trust. If you put her name on it now, then it is hers now. If she suffers financial misfortune her creditors can take it. Simple example, she has a tragic traffic accident, and her insurance is not enough to cover all damages. And if you still are interested in putting her name on it now, read Shakespeare's King Lear.... Read More

Your bankruptcy cannot "absolve" your father of the liability. The judge is holding a hearing because he apparently does not believe you should reaffirm those 2 vehicles. If you reaffirm and then default on the cars and they are repossessed, then you will owe the deficiency. If you withdraw or rescind the reaffirmations or the judge disapproves them, you will not owe any money if the cars are repossessed or your surrender them. I think that is the best you can do and if the banks come after your father it would only be for the deficiency if you surrender the vehicles.... Read More