Delaware Wrongful Death Laws

  • If you die in the state of Delaware without a will, you have died intestate. Assets that would normally have passed through your will are divided among your closest living family members according to Delaware’s intestate succession laws.

    Read the following to understand about intestacy laws in Delaware:

    • If the deceased leave behind children but no spouse, the children will inherit everything.
    • If the deceased leave behind a spouse but no descendants or parents, the spouse inherits everything.
    • If the deceased leave behind a spouse and descendants from the deceased and spouse, the spouse will inherit the first $50,000 of the intestate property and 1/2 of the balance, plus the right to use any intestate real estate for life. The descendants will inherit everything else.
    • If the deceased leaves behind a spouse and at least one descendant from the deceased and someone other than the spouse, the spouse will inherit 1/2 of the intestate property and the right to use any intestate real estate for life. The descendants will inherit everything else.
    • If the deceased leaves behind a spouse and parents, the spouse will inherit the first $50,000 of the intestate property, 1/2 of the balance, and the right to use any intestate real estate for life. The parents will inherit the remaining property.
    • If the deceased leaves behind parents but no spouse or descendants, the parents will inherit everything.
    • If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings will inherit the entire intestate property.

    To learn more about intestacy laws, visit www.nolo.com.

    If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm for assistance today at 877-373-8059.

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