Law Office of Kevin A. O'BrienWilmington Estate Planning Lawyer | Greenville DE Probate Attorney2026-07-28T15:37:00Zhttps://www.deestateplan.com/feed/atom/WordPress/wp-content/uploads/sites/1504551/2020/04/cropped-og-image-32x32.pngOn Behalf of Law Office of Kevin A. O’Brien<![CDATA[4 Delaware probate mistakes families can avoid]]>https://www.deestateplan.com/?p=474452026-07-28T15:37:00Z2026-07-28T15:37:00Z1. Delaying delivery of the original will
If you have the original will, whether or not you are the named executor or a family member, state law requires you to deliver it within 10 days after learning of the death. You must deliver it to the Register of Wills in the county where you live, which may differ from the county handling probate. Locating the document early can help prevent the probate process from starting late.
2. Missing the estate inventory deadline
After the Register of Wills officially appoints you to handle the estate, you generally have three months to file a detailed list of its property and value. Mark the date your authority begins on your calendar and promptly gather information about property, debts and other assets.
3. Overlooking creditor notices and claims
The Register of Wills generally arranges a notice telling creditors about the estate and when to submit claims after granting authority and may require publication costs in advance. Most creditors with debts or payment demands that existed before your loved one died must submit them within eight months after the death. Review these debts before giving the remaining estate property to beneficiaries.
4. Keeping incomplete financial records
Delaware generally requires you to file a financial report each year showing what the estate received, paid and distributed. This continues until the estate closes and the court approves the final report. Keep receipts, invoices, bank statements and proof of every payment or distribution. A separate estate account may make transactions easier to track.
Keep probate deadlines within reach
A calendar and organized estate file can help you prepare each required filing without searching for documents later. Because questions about taxes, unpaid debts or who owns particular property may affect the process, professional guidance can help you identify requirements that apply to the estate.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[What should you focus on in the first 30 days after a loss?]]>https://www.deestateplan.com/?p=474332026-06-10T15:42:27Z2026-06-10T15:42:27ZWhat should you accomplish within the first week?
To put that plan into action, securing paperwork is usually your primary task for the first week or so. It is often wise to request several certified copies of the death certificate immediately. Banks, insurers and other institutions often require originals.
At the same time, you may need to locate the will and any documents related to property and insurance. In Delaware, you must deliver the original will to the Register of Wills within 10 days of receiving notice of the testator's death.
As you gather these, consider starting a centralized estate file to track your contacts and documents. Building a clear record of the decedent’s assets and liabilities at this stage may save significant time later.
What do you need to do in the weeks after?
Once you have organized the essential documents, you might need to notify relevant agencies to mitigate fraud risk and prevent benefit issues. You could contact Social Security and any other benefit providers to halt payments, as these might continue until they update the records.
Additionally, you may want to alert banks and credit card companies to flag accounts and limit unauthorized charges. For mail, you could also ask the post office to hold or forward mail to a trusted address.
To ensure consistency, consider reaching out to the professionals the person relied on, such as an accountant or financial advisor. It might also be beneficial to determine whether probate applies to the estate before discussing debt payments or asset transfers.
Building a steady foundation for the months ahead
While these first 30 days may feel like a burden, segmenting the process into actionable steps could make it more manageable. Every estate has its own combination of people, property and paperwork, so timelines often vary. By maintaining a recordkeeping system, you could move on to the rest of the process with fewer challenges.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[How probate is different from trust administration]]>https://www.deestateplan.com/?p=474292026-04-16T19:00:56Z2026-04-16T19:00:56ZCourt involvement
Probate is a public, court-supervised process. The Delaware Register of Wills has to validate a will, appoint an executor if there isn’t one already designated and ensure that assets are distributed lawfully.
The court will require formal filings, such as:
The petition for probate to open the estate and appoint the executor
Inventory and appraisal - A list of all probate assets owned by the decedent
Affidavit of notice - A sworn statement confirming the executor has sent the notice of probate to all beneficiaries
The final accounting - A detailed financial report listing assets, income received, expenses paid, changes in assets and how the remaining assets were distributed to beneficiaries
Trust administration is private. Court involvement is generally not required, as there is no mandatory filing of accounts. The trustee distributes assets to beneficiaries with no public disclosure.
Time
Trust administration is generally faster. Probate can take several months or even longer if an estate is complex or when the will is contested.
Cost
Trust administration often costs less than probate, as it avoids court supervision and filing fees. Probate generally includes probate fees as well as other costs
The right choice depends on one’s preferences. Having experienced legal guidance can help people make informed decisions when estate planning. It’s also important in helping executors and trustees carry out their fiduciary duties.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[Estate planning checkup: Signs it is time to review and update your plan]]>https://www.deestateplan.com/?p=474232026-04-10T14:44:36Z2026-04-10T14:43:30ZLife changes that should trigger a review
An estate plan reflects your life at a specific moment in time. When that life changes significantly, the plan needs to catch up. In Delaware and Pennsylvania, certain life events carry direct legal and financial consequences for the people and assets your documents are meant to protect.
These are the changes that most commonly signal a review is overdue:
Marriage, divorce or the death of a spouse changes who inherits, who holds power of attorney and who makes medical decisions on your behalf. Documents that name a former spouse remain legally binding until you update them.
The birth or adoption of a child or grandchild means your plan may not reflect who you now want to provide for or who you want to raise minor children if something happens to you.
A significant shift in assets, whether through a property purchase, a business sale or an inheritance, can affect how your estate distributes and whether your plan still minimizes Pennsylvania's inheritance tax exposure.
The death or incapacity of someone named in your plan as an executor, trustee or healthcare agent leaves a gap that requires attention before it becomes a crisis.
Any one of these events is enough reason to pull out your documents and take a fresh look.
Legal and tax changes worth knowing about
Laws shift too, and those changes can affect your plan without any action on your part.
Pennsylvania remains one of a small number of states that still charges an inheritance tax, with rates that depend on the beneficiary's relationship to you. If your family structure has changed or if you have added beneficiaries who were not part of your original plan, the tax picture may look very different than it did when you first signed your documents.
Delaware repealed its state estate tax in 2018, giving Newcastle County residents a meaningful planning advantage. Regular review helps make sure your documents preserve that advantage as your assets and family circumstances evolve.
How often a checkup actually makes sense
Most estate planning attorneys recommend reviewing your plan every three to five years even if nothing dramatic has changed. For families with assets or ties in both Pennsylvania and Delaware, the two-state dimension adds complexity that benefits from periodic attention.
An attorney familiar with estate planning in both states can identify gaps you may not spot on your own, flag outdated provisions and confirm that your documents still accomplish what you originally intended.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[5 strategies to leave a legacy for future generations in Delaware]]>https://www.deestateplan.com/?p=474222026-01-30T11:09:13Z2026-01-30T11:07:01ZYour grandchildren's college education, your daughter's financial security, your son's business dreams—these goals need more than good intentions. They need legal structures that protect assets, reduce taxes and make funds available when your loved ones need them most.
A will alone cannot accomplish these specific objectives. These five estate planning strategies can turn a simple inheritance into a lasting family foundation.
Establish dynasty trusts
One of the most powerful tools for long-term wealth preservation is a dynasty trust. Delaware has abolished the rule against perpetuities, allowing trusts to continue indefinitely.This structure avoids repeated estate taxes as wealth passes from one generation to the next. The legal framework also shields your family’s inheritance from creditors and divorce settlements. This means your great-great-grandchildren could still benefit from the same pool of capital you protect today.
Fund education through 529 plans
Education costs continue to rise, so it is only natural to want to ensure your children and grandchildren can pursue their academic dreams.A 529 education savings plan offers tax-free growth when used for qualified education expenses. You can contribute up to $18,000 per year per beneficiary without triggering gift taxes, or make a lump-sum contribution of up to $90,000 that spreads across five years for tax purposes.Alternatively, you can create a dedicated education trust that offers more control over distributions. Delaware law allows you to set specific conditions for releasing funds, such as maintaining a certain GPA or attending particular types of institutions.
Create special needs trusts
Families with loved ones who have disabilities can use a special needs trust to provide extra care without losing government benefits. The trust protects eligibility for Medicaid and Supplemental Security Income while paying for therapies, equipment, recreation and other quality-of-life expenses that these programs do not cover.Delaware permits both first-party and third-party special needs trusts, giving families flexibility based on their unique circumstances.
Use annual exclusion gifting
The annual gift tax exclusion allows you to give $19,000 per person per year without filing a gift tax return. A married couple can jointly give $36,000 to each child or grandchild annually. Strategic gifting helps:
You do not need to wait until death to transfer wealth. This approach provides immediate support for a loved one’s healthcare or housing needs.
Pay medical and education expenses directly
Under federal tax law, you can pay unlimited amounts directly to medical providers or educational institutions without any gift tax consequences. These payments do not count against your annual gift exclusion or lifetime exemption.This method lets you make an immediate impact on a loved one's life while reducing your taxable estate. You must make payments directly to the healthcare facility or school rather than reimbursing the family member. Delaware residents can combine this tactic with other estate planning tools for maximum benefit.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[Why you should add long-term care in your estate plan in Delaware]]>https://www.deestateplan.com/?p=474182025-12-11T13:11:58Z2025-12-13T13:08:20ZImagine receiving the care you need in your golden years while keeping your family's financial future secure. You planned ahead by adding long-term care to your estate plan. Now you enjoy peace of mind knowing your loved ones won't face difficult financial choices on your behalf.
This raises an important question: Have you considered how long-term care fits into your estate plan? Before you can answer that, you need to understand what long-term care actually covers.
What is a long-term care plan?
Long-term care planning may sound complex, but the concept is simple. A long-term care plan prepares you for medical and personal assistance when you can no longer care for yourself. This type of planning addresses future needs before they become urgent.You have several care options to consider including:
Home care: You receive help with daily tasks in your own residence from professional caregivers or family members.
Assisted living: You join a supportive community with trained staff available around the clock to assist with your needs.
Palliative care: You focus on comfort and quality of life during serious illness rather than curative treatments.
Understanding these options helps you make informed decisions about your future. Each option offers different levels of support depending on your health and personal preferences. Now that you know what long-term care includes, you can explore why adding it to your estate plan matters.
Why add it to your estate plan?
Incorporating long-term care into your estate plan does more than prepare you for the future. It also provides practical advantages that benefit both you and your family. A well-structured long-term care plan is crucial for preserving your wealth and ensuring your future comfort. With proactive planning, you can:
Protect your assets: You prevent your life savings from disappearing into expensive care costs and safeguard your family's inheritance.
Reduce future taxes: Integrating care planning into trusts can lower your taxable estate value and provide tax-advantaged ways to pay for care.
Gain financial flexibility: You create a dedicated pool of funds and avoid relying solely on Medicaid or draining personal wealth.
Ensure quality care: You choose your preferred facilities or in-home services instead of settling for limited options during a crisis.
These benefits work together to give you peace of mind and control over your future. With so much at stake, taking action now makes all the difference.
Prepare Your Estate Plan Today
Your golden years deserve careful preparation and thoughtful planning. An attorney experienced in estate planning and probate can guide you through this process. They help you understand your options and create a plan tailored to your specific needs. You protect your legacy while ensuring you receive the care you deserve. Take the first step today to secure your family's future and your own well-being.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[Navigating probate with care, the key to preserving family harmony]]>https://www.deestateplan.com/?p=474172025-12-10T17:00:16Z2025-12-10T17:00:16ZMiscommunication causes conflict
Most people in normal situations do not react well to uncertainty and misunderstanding, and after the death of a loved one, this emotional reaction will intensify, especially if a process is slow or if they lack key information to understand what is going on.
This is where the executor role can be useful. This is a person appointed to administer the estate fairly. But doing so with the help of a lawyer can offer clear and organized communication, therefore avoiding feelings of resentment or suspicion.
Practical ways to maintain peace
Transparency goes a long way: Since the executor’s duty is to legally notify beneficiaries, it is important to establish regular channels of communication for updates. It is also important to explain everything in terms that can be understood by every family member and doing so in a timely manner. Removing the mystery removes the suspicion.
Keep focus on the will: A will or trust is a legal directive. And even with this document, some family members may be inclined to quarrel about its content. The executor should guide the family to focus on the deceased's wishes in the legal document, not on personal feelings of entitlement. This changes the discussion from emotional disputes to following legal rules.
Avoid probate altogether: The best way to manage probate conflict is to avoid probate entirely. This is possible by creating a revocable trust, which can pass outside the public, court-supervised probate process, preemptively eliminating many sources of friction.
An inheritance should strengthen the family, not divide it. If you are thinking about your legacy, a law firm with experience in probate can offer guidance to navigate this process with compassion and care.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[Updating Your Estate Plan: Key Life Events That Require a Review]]>https://www.deestateplan.com/?p=473792025-10-01T21:15:23Z2025-10-01T21:15:23ZSo, when should you revisit and potentially modify your estate plan?
There are several circumstances that may warrant revisiting your estate plan. Here are some of the most common:
Divorces: If you get divorced, then you’ll want to take another look at your estate plan and consider modifying it if your ex-spouse is still named as a beneficiary or heir. If you don’t, then someone who you’re no longer close to could inherit a significant portion of your estate. But you should also revisit your estate plan if anyone close to you gets divorced. Depending on the circumstances, you might want to clarify beneficiary designations or change the amount of inheritance left to your loved one.
Births: When a child is born into the family, even if part of your extended family, then you should look at your estate plan to see if you want to change it to better support that child and their family.
Deaths: If you don’t modify your estate plan after the death of an identified heir, then their inheritance will pass down their familial line. That may not align with your wishes, which is why you should revisit your estate plan documentation when someone in your asset distribution scheme passes away.
New asset acquirement: While you might not want or even need to modify your estate plan for every little piece of personal property that you take on, it’s good idea to modify your estate plan to specifically address larger assets. Therefore, if you buy a piece of property, secure a piece of heirloom jewelry, purchase an expensive piece of art or buy an expensive vehicle, you might want to modify your estate plan to specify where that asset will go once you pass away.
Soured relationships: If you have a falling out with someone close to you, and you no longer wish to support them or can no longer trust them, then you might want to remove them from your estate plan. That could mean reducing an inheritance amount, completely disinheriting someone or removing someone as a trustee or estate administrator. This will require formal modification of your estate plan.
Don’t put your estate plan at risk by failing to modify it when warranted to do so
The estate planning process can be incredibly nuanced. That’s why you have to be on your toes and know when you should take action to protect your assets and your interests. We know that can be difficult to do when you’re dealing with the realities of everyday life, but that’s why many people choose to confer with their estate planning attorney when important life events arise. If you think you could benefit from that kind of guidance, then don’t hesitate to seek out any support that you may need.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[The Importance of Updating Your Estate Plan After a Death in the Family]]>https://www.deestateplan.com/?p=473802025-08-25T18:48:34Z2025-08-25T18:48:34ZThe importance of modifying your estate plan after a loved one’s death
We know you’ve got a lot to do after losing a loved one, but you shouldn’t neglect revising your estate plan as needed. Here’s why:
You may need to change beneficiary designations: If your deceased loved one was named a beneficiary in your estate plan, then you may want to reallocate their intended inheritance to other beneficiaries. If you don’t, then those assets will likely pass down to your deceased loved one’s descendants. This may not be a huge deal to you, but if it is, then you need to act to make sure your estate’s assets are distributed according to your wishes. Even if you’re okay with your deceased loved one’s descendants inheriting, it’s still a good idea to change your estate plan to reflect that they’ve become beneficiaries, that way the distribution of your estate is clear and streamlined.
You might need a new executor or trustee: If the deceased loved one was serving in a decision-making capacity in your estate plan, like as an estate executor or a trustee, then you’ll need to name someone to replace them. If you don’t, then the court will appoint someone to fulfill their role, which could be someone who doesn’t know you or someone who doesn’t understand the intent behind your estate plan. This could lead to outcomes that you never would’ve wanted.
You can avoid disagreement: Incomplete and unclear estate plans can create confusion and raise arguments amongst family members. If left unaddressed, then gaps in your estate plan could lead to litigation that’s harmful to familial relationships and costly to your estate.
A loved one’s death can change financial dynamics: The loss of a family member can change your own financial dynamics, but it can also reshape the financial positioning of the deceased individual’s family. These may be important considerations when figuring out how to modify your estate plan, particularly if you think you need to reallocate assets to ensure that desired financial needs are met.
Ensure that your estate plan meets your goals
There are countless ways to approach your estate plan. Figuring out the best way to create and modify yours can be tricky. But this isn’t a process that you have to figure out on your own. You can discuss your circumstances with your estate planning attorney so that you can rest assured that you’re making fully informed decisions that align with your goals. By doing so, you can rest easy knowing that your estate plan is working for you and your loved ones, and that your vision of the future is more likely to come to fruition.]]>On Behalf of Law Office of Kevin A. O’Brien<![CDATA[Supporting a child with special needs without risking benefits]]>https://www.deestateplan.com/?p=473812025-10-30T19:51:40Z2025-06-23T00:23:29ZAn inheritance can affect benefit eligibility
Parents frequently name their children as their primary beneficiaries in their estate plans. While that may seem like a reasonable means of providing support after a tragedy, a direct inheritance has numerous practical drawbacks.
For starters, a child with special needs may not be able to properly manage inherited resources. They could be at risk of financial abuse and fraud. Additionally, their caregivers could theoretically assume control over their inheritance.
As if that weren't worrisome enough, parents also have to consider the possibility of a lump-sum inheritance eliminating a child's eligibility for key benefits. There are medical, housing and financial benefits that can facilitate enhanced independence for adults with special needs. A child may become ineligible for those benefits because of the value of their inheritance.
A special needs trust can preserve benefits eligibility and limit the risk of financial abuse while providing structured support for a loved one with special needs. The terms included in a trust may allow beneficiaries to use trust resources for certain expenses, including housing, enrichment activities and educational expenses.
The trustee has a fiduciary duty to act in the best interests of the beneficiary with special needs. Choosing a trustee who is different from the person nominated to act as the caregiver for the child if they lose their parents can be particularly helpful, as it limits the risk of financial misconduct. The child with special needs can enjoy a more comfortable standard of living without giving up the resources that allow them to live independently.
Discussing the support requirements of a child with special needs and the resources available to fund a trust with a skilled legal team can help parents choose the best way to support a vulnerable child. Well-funded special needs trust can make multiple forms of support accessible to vulnerable individuals while providing their parents or caregivers with peace of mind.]]>