Not always. A prenuptial agreement and a will can control different rights, and the answer often depends on what each document says and whether they conflict. In Delaware, a valid premarital agreement may waive, limit or clarify rights that a spouse might otherwise...
What are your options for passing your home to your children?
A family home often carries a long history. It may be the place where family milestones took place and where parents hope to leave a lasting connection behind. If you are thinking about how to pass your home to your children, several legal tools may apply. Knowing...
3 key benefits of planning advance health care directives early
Life-altering accidents don't wait for convenient moments. A sudden disability can happen to anyone at any age. You might think advance health care directives are only for older adults. However, planning early protects you and your loved ones when unexpected health...
Does a Delaware “silent” trust fit your estate planning goals?
Delaware has some unique probate laws. One example involves “silent” trusts. Sometimes these are known as confidential or quiet trusts. Delaware is among the few states that allow true silent trusts. The name comes from the fact that someone can establish the trust...
Are digital and electronic wills valid in Delaware?
The internet has made it easier than ever before for people to access information about the legal system. They may also be able to locate fill-in-the-blank documents or even download software that can help them execute legal paperwork. It may only take a few moments...
Delaware trust options to protect those with special needs
If you have been concerned about the future for a loved one with special needs, you are not alone. This is a top concern for many families, but careful estate planning and the use of trusts can lay your worries to rest. In Delaware, trusts offer the ability to provide...
Trust Act 2024: Well-being trusts, letters of wishes and more
Delaware’s Trust Act 2024, which was recently signed into law, includes a unique and first-of-its-kind provision that lets people set up a “beneficiary well-being trust.” These trusts require the trustee to arrange for beneficiary well-being and education programs...
How to ask a loved one to be your executor
Asking a loved one to serve as your executor requires preparation. It's vital to approach the topic from the right angle and be equipped with satisfactory answers to questions they may ask. So, how should you hold the conversation? Explain your choice When you inform...
Why and how to distribute assets unequally
If you are creating an estate plan, you should be realistic about family dynamics and needs. It is not uncommon for Delaware parents to split an inheritance unequally among their children, but the best time for their children to find out about this should not be once...
Understanding Delaware inheritance laws
Delaware does not levy an inheritance or estate tax. It also has the sixth lowest property tax in the entire nation. The state also declines to enforce a gift tax. However, the federal gift tax is still applied at the federal level. It takes effect if you received a...

