S
sandbar6
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Delaware statutes state spouse of decedant can file suit for an elective share! Elective share is calculated by decedants Federal gross estates minus deductions =net plus adding in back one-half of spousals property which is held as joint then adding and 1/3rd becomes the basis. Question 1. If home deed shows both names as tenancy in the entireties- Is this not considered 50/50? Question 2-Elective share says you can break it down further by what each spouse contributed in this case a $39,000.00 and husband put down $15,900.00 and they split 50/50 the mortgage of $24,000.00. House value now $200,000,00. He says he owns 70% and her share is 30%. Therefore the credit towards his elective share from her side will only be $60,000.00. Is this correct? Question 3- Since both names are on the deed didn't he actually make a gift of the $15,900.00 by adding her name to the deed?
Also does appreiciatin make any differenece?
Thanks Sandi
Also does appreiciatin make any differenece?
Thanks Sandi