QUESTION

My mother recently passed away. My brother has told me she left everything to him because he has something called TOD (Time of Death) papers.

Asked on Jan 20th, 2015 on Family Law - Delaware
More details to this question:
I just want to know if there is such a thing in the state of DE. She also had a will and doesn't a will have to be filed in the local court house?
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1 ANSWER

Brian J. Ferry
There is such a thing as TOD accounts in Delaware. If the accounts in this case were titled that way, then the accounts indeed passed directly to your brother. You should ask to see proof of that - it is risky just to take someone's word and assume they are correct.   If she had a Will, then the person in possession of that Will is required to file it with the Register of Wills within 10 days of the date of death. If your brother refuses to do that, then you yourself can apply to be representative of the estate and to handle the assets.
Answered on Jan 29th, 2015 at 6:28 AM

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