Delaware Estate Planning Legal Questions

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

Wills are normally lodged with the court before they are even probated. Contact the county where he died to see if the Will has been deposited. If not contact the stepbrother via certified mail (keep a copy of the letter and evidence of how you sent it) and ask him to provide you a copy and to lodge the original with the court. After that you may wish to hire an attorney if you are not satisfied. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More

Your father may have left the account titled as "Pay on Death" or "In Trust for", which would mean you could present an original death certificate and the bank would pass the money to the beneficiary named on file directly. However, if there are no beneficiaries named, you would have to initiate a probate administration (and depending upon the amount it may be a formal or summary administration) and the passing of the money would be controlled by the probate process. You really need to speak to an attorney and get advice on your particular situation, as there is more than just "getting the money" that you need to think about. If you apply for the money through a summary administration and there are creditors - you will become responsible for payment of your father's bills. I hope that this general information will be of some help to you, but it is not a substitute for true legal advice.... Read More

You can terminate your relationship with your attorney anytime you want to. I would suggest seeking out a new attorney with whom you are comfortable. That attorney can contact your current lawyer, find out what is going on, and represent you going forward. S/he can also help you if you decide to file grievance against the first attorney. Good luck.... Read More

Removal of the personal representative (executor) is not a will contest. If there is a clause that says if a person challenges the will he/she won't receive anything. There is some doubt as to whether a provision such as this is enforceable. I don't believe there has ever been a challenge to it.... Read More

Her own will, yes. Her husband's, no. The only exception to this would be if the wills, by their terms, were made to become irrevocable upon death of the first of the two to die - called a joint and mutual will. There used to be a presumption that wills made by husbands and wives at the same time were "joint and mutual" and as such became irrevocable on death of the first spouse to die. However, in Michigan, that presumption no longer exists.... Read More