Law Offices of Bonnie M. Benson, P.A.Law Offices of Bonnie M. Benson, P.A.2026-06-23T11:53:30Zhttps://www.bonniebenson.com/feed/atom/WordPress/wp-content/uploads/sites/1104378/2025/05/cropped-BB_FAV-32x32.pngOn Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[How should you handle helping an aging parent sell their home?]]>https://www.bonniebenson.com/?p=536832026-06-18T11:54:57Z2026-06-23T11:53:30ZAs parents get older, their adult children will sometimes have to step in to help them handle significant life changes. One of these is when the aging parent needs to sell their home. This is a major decision that should be carefully planned and executed. Families may need to address ownership, mortgage balances, taxes, disclosures, repairs and moving plans. These details can become more challenging when the parent has health concerns or memory challenges. It may also be difficult if they have to move quickly.
Consider the parent’s legal capacity
If the parent has the legal authority to sell the home and the capacity to make their own decisions, they’re legally allowed to control the process for selling their home. This includes determining the list price, whether to accept a specific offer and handling the closing process. If the parent doesn’t have the legal capacity to make their own decisions, the person who has a power of attorney designation, trustee or conservator will be the one who makes the decisions. The title company and buyer might ask for proof that this individual has the legal right to handle the sale
Ensure compliance with applicable laws
Home sales require that the seller provide accurate disclosures about the property. This includes a list of known defects, such as foundation issues or roof defects. Those defects may affect the pricing and timing of the sale, all of which have to be considered during the process. Throughout the process of helping an aging parent sell their home, it’s best to be vigilant about watching for signs that anything is amiss. However, the parent’s wishes also have to be considered as long as they’re in the right mind to make those decisions and to make their wishes known.
]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[Buying a Delaware retirement home? Read this first]]>https://www.bonniebenson.com/?p=536752026-06-12T12:52:51Z2026-06-17T12:51:39ZA Delaware retirement home can sound like the perfect reset. You may want beach access, lower property taxes, a quieter pace or a place that can eventually become your full-time residence. Still, a beautiful listing can create expensive complications if the purchase does not fit your budget, health needs or estate plan.
Before you make an offer in Camden, Lewes or another Delaware community, look beyond the photos. A retirement home should support the life you want now and the practical needs you may face later.
Add up the closing costs
The purchase price is only one part of the transaction. Buyers should also plan for inspections, title work, recording fees, insurance, moving expenses and transfer taxes.Some first-time homebuyers may qualify for a 0.5% reduction on the buyer’s portion of the state transfer tax, capped at $2,000 on the first $400,000 of value. Contract language often determines how buyers and sellers divide transfer tax obligations, so the numbers deserve careful review before closing.Those costs matter even if you plan to pay cash. A cash offer may simplify financing, but it does not remove closing obligations, title concerns or contract deadlines.
Picture the home 10 years from now
A home that works well at 62 may feel very different at 78. Stairs, narrow bathrooms, steep driveways, flood risk and long drives to medical appointments can all affect whether the property still fits your daily routine.Retirement buyers may also want space for children, grandchildren or friends. Extra bedrooms, parking rules, homeowners association limits and rental restrictions deserve a closer look before closing because they can affect how you actually use the home.
Check how ownership will work
The way you title the home can affect what happens after death, divorce, incapacity or a later sale. Buying individually, jointly with a spouse or with another family member can each create different legal and financial consequences.Delaware also allows certain property owners to use a Transfer on Death deed. This deed may let real estate pass directly to named beneficiaries after death without probate, although the owner keeps control during life and can revoke the deed.
Review title before problems appear
Title issues can delay closing or create expensive surprises after you move in. Liens, easements, boundary questions, ownership gaps and unclear deed language can all affect a retirement purchase.A careful review of Delaware real estate transactions can help identify those concerns before they disrupt your plans. It can also help you understand what the contract requires before important deadlines pass.
Connect the home to your estate plan
A Delaware retirement home may become one of your largest assets. If you recently moved from another state, your will, trust, power of attorney or health care directive may need review under Delaware law.Your estate plan should also match your goals for the property. Some buyers want to avoid probate, protect a spouse, leave the home to children or plan for possible long-term care costs. Those goals can influence the deed, ownership structure and documents you update after closing.
Make the purchase fit your retirement
Buying a retirement home involves more than finding a pleasant place to live. The contract, title, deed, closing costs and estate planning details can all shape how well the purchase serves you later.Before you commit, take time to review the legal and practical issues behind the property. The right home should support your retirement, not create new stress after the move.]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[When is the best time to begin Medicaid planning?]]>https://www.bonniebenson.com/?p=536702026-06-05T12:55:53Z2026-06-10T12:55:15ZPlanning before retirement offers optimal protection
People often start thinking about their estate plans as they prepare for retirement. Pre-retirement estate planning is an ideal time to address concerns like Medicaid planning. People who transfer assets to trusts, take on co-owners and otherwise diminish their personal resources can help ensure that they qualify quickly for Medicaid if they require benefits later. Planning should occur at least five years before submitting a Medicaid application to reduce the chances of the state imposing a lookback penalty.
There are strategies that can minimize the penalties imposed in cases where people do not plan at least five years before applying for Medicaid, but planning early in retirement or prior to significant medical decline can offer the best protection to older adults. Sitting down with an elder law attorney can help people make strategic moves that improve their eligibility for Medicaid and reduce their risk of a penalty as well as the chances of estate recovery efforts after they die.]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[How to protect your assets from creditors in Delaware]]>https://www.bonniebenson.com/?p=536722026-06-05T08:05:43Z2026-06-05T08:05:43ZDelaware's asset protection laws give you tools that few other states offer. If a creditor ever comes after your wealth, acting before a claim arises may be the difference between keeping and losing what you've built.
What asset protection means
Asset protection is the use of legal structures to shield your wealth from creditor claims and lawsuits. Delaware's framework is among the strongest in the country. It permits strategies that can block creditors from reaching assets you transfer into a properly structured trust.
How a Delaware asset protection trust works
A DAPT is an irrevocable trust governed by theDelaware Qualified Dispositions in Trust Act, codified at Delaware Code Title 12, Chapter 35, Subchapter VI. Under 12 Del. C. § 3572, a creditor must prove a fraudulent transfer occurred to challenge the trust. A four-year statute of limitations applies from the date of transfer. After that window closes, a creditor's claim is barred.To use a DAPT, you must fund it at least four years before any creditor brings a claim. The trust provides several protections:
Self-settled structure: You can serve as both the creator and a beneficiary of the trust
Income access: You may still receive income and principal from trust assets
Creditor barrier: Once properly funded, most creditors cannot reach assets inside the trust
Probate avoidance: Assets in the trust bypass the probate process
These features make a DAPT one of the most flexible asset protection tools available under Delaware law.
Other tools Delaware law provides
A DAPT is not your only option. Delaware recognizes several additional strategies:
Tenancy by the entirety: Married couples can hold property jointly so that a creditor of one spouse generally cannot seize the shared asset.
Statutory exemptions: Retirement accounts such as IRAs and 401(k)s carry protections under both state and federal law. Life insurance policies and annuities also receive strong protection under Delaware law.
Combining these tools with a trust may provide broader coverage for your overall estate.
Delaware's Beneficiary Well-Being Trust
Delaware's Trust Act 2024 introduced a first-of-its-kind Beneficiary Well-Being Trust. This structure allows trust assets to fund programs that teach heirs financial management, philanthropy and family legacy planning. Because these expenditures count as administrative expenses rather than distributions, they may not carry the same tax treatment as standard distributions.
When to speak with an attorney
Asset protection planning involves timing, legal formalities and transfer rules that vary by situation. An attorney can help you understand your options and structure a plan that holds up under scrutiny.]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[What to know about Delaware’s Beneficiary Well-Being Trust]]>https://www.bonniebenson.com/?p=536672026-05-22T12:33:49Z2026-05-27T12:30:09ZDelaware is known for offering trusts that few, if any, other states offer. Delaware’s Trust Act 2024 established a first-of-its-kind “Beneficiary Well-Being Trust.”
These trusts are intended to provide beneficiaries with opportunities to learn how to manage their wealth effectively, continue to grow it for future generations and use it for the greater good.
What can the assets be used for?
The funds in the trust cover the costs of “well-being programs” that teach family members:
Multigenerational estate and asset transfers and planning
Financial, business, entrepreneurship and wealth management skills
Philanthropy
Family history and legacy
Essentially, these trusts are designed to help people ensure that their heirs are prepared to manage and grow the personal and business assets they hand down and carry on the family name with pride.The trust assets can be used for college courses, seminars, hiring financial and other advisors and even family retreats. Because the assets used for these purposes are considered administrative expenses rather than distributions, they aren’t subject to the same taxes.
Letter of wishes
The person who establishes the trust can detail their goals for the trust and the trustee who is administering it in a “letter of wishes.” The law describes this as a document that “contains statements regarding the trustor’s intent regarding the governing instrument, but is not itself a governing instrument.”Delaware is known for its unique trust and estate planning laws that are available not just to state residents but in some cases to people in other states. It can be worthwhile to determine what estate planning tools are most advantageous for you and your family. Getting experienced estate planning guidance is a good place to start. ]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[Wills or trusts: Which is better for your pet after you pass?]]>https://www.bonniebenson.com/?p=536562026-05-18T09:36:41Z2026-05-21T09:36:00ZSaying goodbye to a beloved pet is never easy. But as a responsible pet owner, you have the ability to secure your companion's future well-being, even beyond your lifetime. Taking a proactive approach to planning brings peace of mind, not just for you, but for everyone who cares for your pet. The good news is that you have viable options and understanding each one is the first step toward making a well-informed decision.
Can you include your pet in a will?
One of the most straightforward ways to provide for your pet is through a will. In Delaware, the law classifies pets as personal property. That means you can include your pet in your will, just as you would any other asset. This way, you can designate a specific individual to take ownership of your pet after you pass. This is a simple and accessible option that many pet owners find helpful. However, a will does carry certain limitations and exploring those can help you determine if another arrangement might better serve your pet's needs.
Why a pet trust may be the better choice
While a will is a solid foundation, a pet trust offers your companion a more comprehensive level of care and protection. Here are four key reasons why many Delaware pet owners choose this option:
Avoids probate: A trust bypasses the court process, allowing for a faster and more private transfer of care.
Covers incapacity: A trust takes effect if you become incapacitated, not just after you pass, unlike a will.
Ensures proper care: You can appoint a trustee to manage dedicated funds and a caretaker to attend to your pet's daily needs, ensuring the trustee directs all resources toward your pet's well-being.
Outlines specific instructions: A trust allows you to document precise care preferences, such as dietary needs, routine veterinary visits and daily care schedules.
Together, these provisions ensure your pet continues to live the life it knows and loves. With a clearer picture of both options, you now have everything you need to take the next step.
Give your pet the future they deserve
Your pet has given you years of unconditional love and companionship. Therefore, securing their well-being after you are gone is one of the most meaningful gifts you can offer in return. Whether you lean toward a will or a pet trust, familiarizing yourself with your options puts you in a stronger position to make a well-informed decision. After all, the care you invest in planning today is the love your pet will feel tomorrow.]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[The risk of including a beloved pet in a will]]>https://www.bonniebenson.com/?p=536542026-05-08T09:24:59Z2026-05-13T09:24:34ZThere are two ways to include a beloved pet in a will while estate planning. Some people name their pets as beneficiaries and allocate property to their pets to ensure there are resources to pay for their food and veterinary care.
Others might include their pets in their inventory of property and name someone to inherit a companion animal. While both of these choices may stem from the best of intentions, they both fall short of actually protecting pets when the animal’s owner dies.
The limitations of wills
The main issue that stems from including a pet in a will is that animals are not people. Pets cannot be beneficiaries of an estate plan, as they do not have legal asset ownership rights.Treating the pet as property is a more effective solution, but then the current owner has no control over what their beneficiaries do with their pet after they die. Both scenarios leave the animal at risk of abandonment or euthanization.Creating a pet trust is a better solution. It allows for the protection of the animal by arranging for its economic needs in advance. It also provides a secondary layer of protection in the form of the trustee, who can help ensure the resources actually go to care for the animal and ensure a reasonable standard of life for it.Especially in cases involving long-lived companion animals, such as tortoises and parrots, thorough planning is often critical to prevent the misappropriation of resources intended for a pet or other unfortunate outcomes.Funding a pet trust can help people ensure the protection and well-being of a beloved animal even after they pass.]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[3 common contingency clauses]]>https://www.bonniebenson.com/?p=536452026-04-23T13:10:27Z2026-04-28T13:09:33ZA contingency clause can be added to a real estate offer, stipulating that the contingency must be met or the offer is not binding. This is a way for potential buyers to get out of making a purchase, often protecting any money that they have put down, because they have a valid reason to walk away from the offer.
Contingency clauses are not mandatory, but they are used so frequently that it is important for both buyers and sellers to understand how they work. Below are three examples.
A financing contingency
First and foremost, many people have not yet received final approval on a home mortgage when they make an offer on a property. It is common for them to include a contingency stating that they only have to buy the house if their loan application is approved.
Getting an appraisal
An appraisal contingency means that the buyer wants to ensure that the home is really worth the amount that they are offering. They want to have a professional appraisal carried out, perhaps looking at comparable sales in the area, so that they can decide if it is a wise investment.
Carrying out a home inspection
Finally, a home inspection contingency can protect a buyer from unknown issues with the house. Even though they have done a walk-through, they want a certified professional to examine the property and look for issues. Substantial problems, such as foundation cracks or roof leaks, could mean that they want to readjust their offer or buy a different property.These are just three examples of potential contingency agreements, but they help to show some of the complexities of real estate transactions and why it can help to work with an experienced attorney.]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[Retirees: Protect your interests when selling a Delaware home]]>https://www.bonniebenson.com/?p=536412026-04-16T13:55:59Z2026-04-21T13:55:11Z a home in Delaware carries legal consequences from the listing date through closing. Retirees who are downsizing or relocating often face added timing pressure, overlap with a purchase or a need for predictable net proceeds. The following will dive into steps to help protect your interests from the listing through disciplined documentation during the closing.
Review listing information
Your listing agreement is a binding contract. Before signing, review listing terms, commission structure, marketing commitments, withdrawal rights and any early termination fee. Also confirm the plan for offers, counteroffers, addenda and escalation language. In Delaware, small drafting choices can shift inspection leverage, default remedies and the timeline for settlement.
Control the Delaware Agreement of Sale
The Delaware Agreement of Sale includes information about the price, contingencies, repairs, risk of loss, settlement date and default remedies. Your goal is enforceable certainty. It is often helpful to limit open ended repair obligations and require written change orders.Below are core protections to address before acceptance. Each item affects legal leverage if the deal turns.
Remember, verbal assurances rarely survive a dispute.
Manage disclosures to reduce liability
Delaware sellers commonly provide a Seller’s Disclosure of Real Property Condition Report. Complete it carefully and remember that misstatements can trigger claims for fraud, negligent misrepresentation or statutory violations. Avoid guesses and keep records of repairs, permits, invoices and warranties.This documentation supports good faith and can narrow disputes over condition, water intrusion, systems and boundaries.
The title search
A title search plays a key role in a home sale by confirming that the seller can legally transfer clear ownership to the buyer. During the search, a title company or attorney reviews public records to identify issues such as unpaid liens, delinquent property taxes, boundary disputes, recording errors or claims from heirs or past owners. By uncovering these problems early, the seller can resolve them before closing, avoid last-minute delays and reduce the risk of a failed transaction. A thorough title search also protects the seller’s interests by documenting the chain of ownership and ensuring the deed and closing paperwork accurately reflect the transfer, which helps prevent future disputes or allegations that the seller misrepresented the property’s legal status.
Disciplined documentation
Disciplined documentation provides a clear, verifiable record of disclosures and agreements made throughout the negotiation process. When sellers keep organized copies of inspection reports, repair invoices, permits, warranties, correspondence and signed disclosures, they can demonstrate that they acted transparently and met their obligations. This paper trail reduces misunderstandings about the home’s condition, supports the seller’s position during negotiations and helps resolve disputes quickly if a buyer later raises concerns. Thorough records also allow sellers to confirm timelines, document offers and counteroffers accurately and ensure the final contract reflects the terms they accepted, which lowers legal and financial risk after closing.A Delaware home sale is a legal transaction, not a handshake. Protect your interests through strong documentation, disciplined contract drafting, accurate disclosures and proactive title preparation. This can mitigate the risk of disputes and provide better control of your retirement timeline.]]>0On Behalf of Law Offices of Bonnie M. Benson, P.A.<![CDATA[What is the difference between a will and a trust in Delaware?]]>https://www.bonniebenson.com/?p=536372026-04-15T13:38:22Z2026-04-20T13:37:48ZA will offers a clear foundation
A will is a straightforward legal document that outlines exactly who should receive your property after you pass away. It is often the first step for many people because it allows you to name an executor to manage your affairs and designate guardians for any minor children.
Without this document, Delaware state law decides how to distribute your assets, which may not match your personal wishes. Because a will only take effect after your death, it remains a flexible and affordable way to start your estate plan. It provides a basic roadmap that ensures your loved ones know exactly how you want your final affairs handled.
A trust provides privacy and control
A trust offers a higher level of protection by allowing you to manage how and when your heirs receive their inheritance. One of the biggest benefits for Delaware residents is that a trust helps your estate avoid probate, which is a public and often lengthy court process.
By keeping your assets in a trust, your financial details remain private and your family can access funds much faster. This tool is especially helpful if you own property in multiple states or want to protect your wealth from certain taxes and creditors. It gives you the power to set specific rules, such as releasing funds only when a beneficiary reaches a certain age.
Both cover different needs
While they may seem similar, a will and a trust actually work together to create a complete safety net. You might use a trust to handle your primary home and large investment accounts while using a "pour-over" will to catch any smaller assets you didn't specifically name.
A will handles the immediate needs of your family and children, while a trust manages the long-term protection of your hard-earned wealth. Together, these tools provide the most robust defense for your legacy and your family’s future.]]>0