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Only about a third of all states have laws specifying that assets owned by the deceased are automatically inherited by the surviving spouse. In the remaining states, the surviving spouse may inherit between one-third and one-half of the assets, with the remainder divided among surviving children, if applicable.

Delaware law also excludes the following items from marital property: Property acquired by gift, inheritance, or devise (gifts between spouses belong to the recipient spouse) Any increase in value of separate property owned before the marriage (Del. Code 13 § 1513(b)(1)(d))

Is an Inheritance Separate or Marital Property? In most states, an inheritance is considered separate property, whether you receive an inheritance before, during or after your marriage. Your spouse is not entitled to use or spend your separate property.

Technically, yes, you can make handwritten changes to your Will. But different states have different laws about how and when this is acceptable, so you want to be very careful about doing so.

Whenever there is a death in New Castle County, an estate must be probated if: The decedent had more than $30,000 in personal property in his/her name alone, or. The decedent owned Delaware real estate in his/her name alone, either solely held or as a tenant in common.

The entire intestate estate goes to the spouse if there are no surviving issue or parent(s) of the decedent (see glossary).

A Will written entirely in the Testator's handwriting (a Holographic Will) is valid in Delaware if the other requirements are met. 3. The Will must be signed by the maker or signed by a person writing the maker's name in his or her presence and at the maker's direction; 4.

Answer: If you want to make changes to your will after you and your witnesses have signed it, you have two options. You can either make a codicil to your existing will or make a new will. Both require your signature and the signatures of two witnesses.

In Delaware, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).