Frequently Asked Questions About Wills
As an attorney in Delaware who prepares Wills for my clients, there are some questions that seem to come up over and over. Let's take a look at some of them.
Q. When the word “issue” appears in a Will, what exactly is it referring to?
A. The term “issue” means all of your lineal descendants of all future generations. Included would be your children, your great grandchildren, your great, great grandchildren, etc.
Q. I have a Will that leaves everything to my wife, but a few years later, we got a divorce. If I die before I change my will, does my ex-wife get everything?
A. The answer is “no.” Once you’re divorced, your Will is interpreted as if your ex-wife died before you did.
Q. Should I include burial instructions in my Will?
A. Most Wills are not read until after a person is buried or their remains are otherwise disposed of. It’s therefore important to make your wishes known to the immediate members of your family. In Delaware, you can actually make a written declaration of the disposition of your last remains.
Q. Can you explain who gets what if I die without a Will? As you can see below, the answer depends on which family members are living at the time of your death.
(1) if you are survived by a spouse and you have no living issue or parents, your spouse gets it all.
(2) if you are survived by issue or your parents, your spouse gets the first $50,000 of your personal property, plus half of the rest of your personal property, plus a life estate in your real estate that’s in your name only.
Whatever doesn’t go to your surviving spouse, gets distributed as follows:
(1) to your issue
(2) If there are no surviving issue, to your parents
(3) if you are not survived by issue or parents, to your brothers and sisters (and the children of a deceased brother or sister)
(4) If there are no issue, parents, or siblings, to your next of kin.
Keep in mind that the rules listed above apply only if you die without a Will. By preparing a Will, it’s you who decides how your assets will be distributed upon your death.
