Delaware Probate Legal Questions

A trust is a private document. You are not entitled to a copy.  But in most states, if you are 25 or older, you are entitled to an annual accounting.  It is too soon after your stepmother's death to expect one.  In any event, if your father left everything to your stepmother, it was hers to do with as she pleased. ... Read More

An estate must be settled by somebody whether or not there is a Will.  If there is no Will, a small estate can often be settled without a hearing but with an application to the court.  A not-so-small estate requires a determination of heirship and appointment of a personal representative.  This is not a DIY project.  Talk to a probate attorney who practices in the county in which your husband lived and died.... Read More

Life insurance and retirement are paid to the designated beneficiary and do not pass under the Will (or state laws of inheritance if there is no Will).  The estate, not you, owes the credit card companies.  They must be paid before any distribution is made to you or any other beneficiary or heir.  Consult a local probate lawyer.... Read More

Please see a local probate attorney about the spouse's elective share under Delaware law.  You can find one by contacting your county surrogate's court, the state bar or, if you have little money, your local Volunteer Legal Services or the Modest Means program of Lawyer Referral Services.... Read More

I am sorry for your loss. If someone dies without a Will, the law of intestacy determines how that person's probate assets are distributed. I am not clear whether your father lived in Delaware.  It sounds like he was survived by four children and his mother.  If he was not married at the time of his death, his four children are entitled to equal shares of his probate assets.  Probate assets are  any assets that are in your father's name alone with no named beneficiaries.  For instance, if his bank account is just in his name and does not have a pay on death designation, it is a probate asset.  A life insurance policy that names a beneficiary or real estate owned with someone else is not a probate asset.  (Nonprobate assets go to the named beneficiary or joint owner.) Nolo.com has some basic information about probate.  You will need to start this process by filing documents in the probate court of the county where your father lived. In order to be able to transfer your father's assets, someone needs to be appointed "personal representative" of his estate by the probate court.  If his assets total less than $30,000 (deemed a "small estate") there is an affidavit from the court that can be used instead.  In any case, you will need his death certirficate and the appropriate court forms.  So, your first step should be to go the probate court in the county where your dad lived and get either the forms either to administer a small estate or for appointment as personal representative. If your minor siblings' mother is not alive, their guardianship also must be determined.  That is a probate matter as well.  Again, nolo.com has some helpful information and the probate court has the forms to get you started. This is a lot for a twenty year old to take on, I hope you have some help and support.      ... Read More