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Despite the lack of statutory guidance on executor fees in Delaware, the general consensus among legal professionals is that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can fluctuate based on the specifics of the estate and the executor's responsibilities.
You can refuse or disclaim an inheritance Must you accept this ?gift?? The legal answer is clearly ?no? so long as you disclaim an inheritance in a timely fashion before receiving any benefit or otherwise dealing with the property. There may be many reasons an intended beneficiary decides to disclaim an inheritance.
SURVIVING SPOUSE PARTNER The entire intestate estate goes to the spouse if there are no surviving issue or parent(s) of the decedent (see glossary).
Except where circumstances justify a longer period, an executor or administrator shall have 1 year from the date of letters for settling the estate of the decedent; and until the expiration of that time, the executor or administrator shall not be required to make distribution, nor be chargeable with interest upon the ...
While the specific terms of any will are up to the individual who makes it, after they have died there may be circumstances where those left behind wish to pass their gift to someone else. Beneficiaries are not obligated to accept their inheritance, whether under a will or under the terms of intestacy.
As an executor, you have a fiduciary duty to the beneficiaries of the estate. That means you must manage the estate in the best interests of the beneficiaries (and not yourself), taking care with the assets. So an executor can't do anything that intentionally harms the interests of the beneficiaries.
If you die with a surviving spouse and with children with someone other than that spouse, the spouse gets ½ of your intestate assets, plus the right to use any intestate real estate for life. Your children get everything else. If you die with children but no surviving spouse, your children inherit everything.
The Personal Representative of your estate (also commonly referred to as an administrator or executor) is responsible to gather and inventory all of your property at the time of your death, determine all your outstanding debts, pay all of your legitimate debts and then distribute the remaining property in ance ...