Delaware Estate Planning Legal Questions

You must first submit the Will or probate (proving) or, if there is no Will, hire a local probate lawyer to apply to the court to determine heirship and issue letters of administration.  These need not be issued to your mother but she must sign a document agreeing to the administrator.  The administrator will then have authority over all your grandfather's property.  He can write to the companies which issued the checks asking them to reissue them in the name of the estate.  They will go into the estate's bank account.  After paying the debts, the administrator can transfer the home and the money remaining to your grandfather's heirs.... Read More

Only your mother can sign her Will.  Only your father can sign his Will.  Depending on their levels of legal capacity, your father might be able to become your mother's guardian.  Consult with a local elder law attorney who also does estate planning.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

 A revocable living trust -- or an irrevocable living trust which can pay to you, whether it does or not -- will not protect your assets if long term medical care is needed.  Worse yet, in some states putting your home in the trust will make it a countable asset for Medicaid purposes:  you will have to sell the home and spend down to $2,000 before you are eligible for Medicaid.  Use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys to find a Delaware elder lawyer to help you do effective planning (www.naela.org)... Read More

Yes, you should engage an attorney to find out your rights. IF you are named on the box as co-tenant, depending on how it is titled, you either own all the contents of the box or half. IF you are not co-tenant, then you do not own contents unless there was some beneficiary designation to the box. You need to employ an attorney to find out what your ownership rights are.... Read More

It sounds like you are going to need to retain an attorney. I think you have an interesting question, and I could not give you an answer, without some additional research. It may depend on the agreement that was signed when the box was opened. It is worth hiring an attorney to pursue this, if the contents of the box were valuable. This was not a very good estate planning tool, in any event. Your grandfather should have made clear in his Will that the contents of the box were to go to you.... Read More

Looks like you will need to obtain a probate litigation attorney to represent you in probate litigation against the administrator of the estate, as the bank is correct, you are a co lease of the boxes, and are entitle to the contents. Question, why didn't you have a copy of the keys to the boxes?... Read More

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