Election of Share

[dmenear]

My father who died and resides in delaware left will prepared after his second marriageleaving everything to his three children. our stepmother is requesting 1/3 of the estate. When my father and stepmother rewrote their individuals wills with the help of a lawyer It was agreed they would keep their estates and finances separate and give their estates to their respective children (She admitted to agreeing to this)but there is nothing in writting. Now that she knows how much money he had she is using this election share. Is there anything that can be done?

 

[advisor10]

MAY 31, 2001

DEAR DMENEAR:

Just for your information the probate law provides that the spouse is eligible to claim 1/3 of the deceased's estate, or $20,000, whichever amount is less.

SINCERELY,

[email protected]

 

[dmenear]

I saw that on some other web site. but could not find it in the delaware code. Do you know where that 20,000 limit comes from?

 

[dmenear]

$20,000 limit is that still in effect?

I saw that on some other web site. but could not find it in the delaware code. Do you know where that 20,000 limit comes from?

 

[advisor10]

JUNE 4, 2001

DEAR DMENEAR:

I got this information from a reference book, so I can't verify whether it is actually in the code or not, but here is the citation they gave:

DELAWARE CODE ANNOTATED, TITLE 12, CHAPTERS 101 +
Section 12-901(a)


SINCERELY,

[email protected]

 

[dmenear]

Thank you

JUNE 4, 2001

DEAR DMENEAR:

I got this information from a reference book, so I can't verify whether it is actually in the code or not, but here is the citation they gave:

DELAWARE CODE ANNOTATED, TITLE 12, CHAPTERS 101 +
Section 12-901(a)


SINCERELY,

[email protected]