Law Offices of Bonnie M. Benson, P.A. Law Offices of Bonnie M. Benson, P.A. 2026-09-30T18:10:26Z https://www.bonniebenson.com/feed/atom/ WordPress /wp-content/uploads/sites/1104378/2025/05/cropped-BB_FAV-32x32.png On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[How can a long-term care ombudsman help your family?]]> https://www.bonniebenson.com/?p=53768 2026-09-28T18:14:04Z 2026-09-30T18:10:26Z Understand the ombudsman’s role An ombudsman advocates for the person receiving long-term care. You could ask about your relative’s rights or explain what happened. If you raise a problem for someone else, the ombudsman generally follows your relative’s wishes when deciding how to respond. This gives you a way to help while still respecting your relative’s choices. An ombudsman might help your relative explain what they want or speak with staff for them. The ombudsman follows your relative’s wishes when deciding what to do next.

Get help raising the issue

An ombudsman may contact facility staff to discuss the problem and try to resolve it in a way that fits your relative’s wishes. The Delaware Long-Term Care Ombudsman Program could also explain complaint or appeal options when one fits the situation. Some issues may fall outside the ombudsman’s role. In those cases, the program might help you find the state office that handles the matter.

Keep useful records together

Before you contact the program, you may want to write down what happened and gather any written records from the facility. A notice, email or other message might help you explain the problem more clearly. Keeping those details together could also help as you plan for later care needs and decide what fits your relative’s situation.  ]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[How should unmarried couples title a home?]]> https://www.bonniebenson.com/?p=53752 2026-09-25T10:28:25Z 2026-09-30T10:26:54Z way that a deed is written can determine who owns what, what happens if the couple eventually breaks up and even inheritance rights should one partner die. With more than 20 million unmarried couples cohabitating in the United States, this issue has become increasingly important. Before you and your partner take the title to a property, talk carefully about your expected contributions, ownership interest and what should happen if one of you dies. Your answers will inform your choices. Let’s look at a couple of options.

Joint tenancy with right of survivorship

Joint tenancy with right of survivorship (JTROS) generally gives both partners equal ownership of the home. If one partner dies, that person’s interest passes directly to the surviving owner, so the home doesn’t have to go through probate. This arrangement may be useful if you want your partner to receive the entire home after your death. However, the deed must specifically state that you are joint tenants. Simply putting both of your names down on the deed won’t generally establish a joint tenancy. Joint tenancy may not be appropriate if you and your partner contribute different amounts to the property’s purchase or maintenance or you want your share to pass to your children or another beneficiary. The survivorship provision generally controls the inheritance even if your will states differently.

Tenancy in common

Tenancy in common gives each party separate ownership interests. Those interests can be equal (50-50) or divided in another proportion to reflect each person’s financial contributions to the property. If either of you should die while you own the home, your share of the property won’t automatically pass to you surviving partner. Instead, it becomes part of your estate. Ownership will pass according to your will or Delaware’s intestacy laws. This option may offer more flexibility, particularly if you and your partner have children from other relationships or keep your finances entirely separated. However, it also means that either of you could eventually share ownership of the property with the other’s adult children, parents or other heirs, should one of you die. This makes coordinated estate planning especially important. The deed to the property needs to be titled properly, but it isn’t the only issue unmarried couples should discuss. Without an agreement about the down payment, mortgage, taxes, insurance, repairs and what will happen if the relationship ends, you could be setting yourself up for trouble. Working with an experienced attorney can prevent a lot of future confusion and conflicts.]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[When is it the right time to update a will in Delaware?]]> https://www.bonniebenson.com/?p=53699 2026-09-18T19:50:47Z 2026-09-23T19:49:55Z Changes in family dynamics A common reason why people update a last will and testament is because they experienced changes in family circumstances. Major life milestones like a marriage or a new child require manual revisions to your will. Your last valid will may not reflect your current wishes on how your loved ones should handle your estate. Because of Delaware laws, it is not so simple to “rewrite” a will. You must write a new will or amend it using a codicil. The loss or addition of family members or the possibility of remarriage can affect your future plans drastically. Fast action can ensure that you do not need to worry about your assets going to unintended parties.

Moving to another state

Making a major and likely permanent move to another state should prompt reevaluation of your last will and testament. While many states do recognize wills created out-of-state, leaving your past will intact can pose issues. For example, local laws on probate procedures or guidelines on joint property ownership and titling may differ from state to state. Certain states may enforce strict regulations about spousal property. Others may have specific requirements for validating a will. Reviewing your Delaware will ensures its terms are still intact and enforceable after moving to another state.

An impending retirement

With retirement comes a new stage in your life and new decisions to think about. Retiring after a long career changes your financial situation considerably. Instead of active income, retirement funds often come from pensions, retirement accounts and other similar sources. Shifting asset and estate values can change what your beneficiaries might receive. As a retiree, you are also more vulnerable to sudden life changes, such as the arrival of grandchildren. Acting more quickly can ensure your will reflects your current wishes on the management of your estate. Remember, your family is less protected when you leave your will to chance. An experienced legal advisor can help you make quick and affordable amendments to your legal documents.]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[Protecting your interests when buying or selling a home]]> https://www.bonniebenson.com/?p=53739 2026-09-14T02:26:37Z 2026-09-18T02:26:00Z For most people, few choices carry as much financial weight as buying or selling a house. In Florida, where the real estate market moves fast and rules can vary by county, it's easy to feel overwhelmed by contracts, deadlines and unfamiliar terms. Understanding a few key steps can help you protect yourself and avoid costly mistakes along the way.

Understanding the contract terms

The purchase agreement forms the foundation of any real estate deal. In Florida, most contracts include contingencies, such as financing, inspection and appraisal, that give buyers a chance to back out under certain conditions. Sellers, on the other hand, need to understand their disclosure obligations. Florida law requires sellers to disclose known defects that a normal inspection doesn't easily reveal. Skipping this step, even by accident, can lead to disputes after closing. Reading every page of the contract, asking questions about anything unclear and knowing your deadlines can save you from surprises later.

Understanding title, inspections and closing costs

Before closing, you or a title company runs a title search to make sure the property doesn't have liens, unpaid taxes or ownership disputes attached to it. Title insurance protects buyers from these hidden issues, and in Florida, buyers and sellers often split or negotiate this cost. Home inspections matter just as much. They reveal problems with the roof, plumbing, electrical systems or foundation that might not be obvious during a walkthrough. Understanding who pays which closing costs, since this can differ by region in Florida, also helps both sides avoid last-minute tension.

Understanding when extra guidance helps

Real estate transactions involve a lot of paperwork and legal language that isn't always easy to interpret. Many buyers and sellers reach a point where they want a second set of eyes on the details before moving forward. This is where a real estate attorney can offer real value. An attorney may help review the contract, explain what certain clauses actually mean and flag anything that seems unusual before you sign. This kind of guidance doesn't have to be complicated or expensive, but having someone knowledgeable in your corner can make the process feel a little less stressful and a lot more secure.  ]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[What happens when an elderly person is no longer safe living alone?]]> https://www.bonniebenson.com/?p=53743 2026-09-10T11:38:47Z 2026-09-15T11:38:21Z Living independently can be an important part of maintaining a sense of comfort, routine and control. As people age, however, families may begin to notice changes that begin to raise concerns about whether living alone is still really the safest option. These concerns can be extremely difficult for families to address. After all, aging does not automatically mean a person has lost the ability to make decisions or manage their own life.

Understanding capacity, guardianship and other legal options

The first step is understanding whether the person can still make and communicate informed decisions about their care, finances and living arrangements. Having difficulty with certain daily tasks does not necessarily mean someone lacks legal capacity. A person may need additional support while still being capable of making their own decisions. In more severe cases, families may become concerned after noticing falls, medication mistakes or issues with maintaining the home. These concerns should be given serious consideration. When more assistance is needed, legal planning can help to provide options.  A durable power of attorney can allow a trusted individual to help manage financial and property matters if an individual becomes incapacitated, while a health care directive or health care power of attorney can authorize someone to make medical decisions on their behalf. Depending on the specific circumstances, families may also consider trusts, guardianship or other arrangements. Guardianships are generally a more restrictive option, but it may be necessary when a person cannot make decisions for themselves due to incapacity. A legal guardian may make decisions such as:
  • Making medical decisions
  • Purchasing necessities like food or household items
  • Managing finances and bank accounts
Managing real estate or estate planning, if necessary Navigating independence for an elderly person can be a difficult and sensitive decision. They may feel defensive, frustrated or hurt by the idea of needing additional support. Finding the right type of help and approaching the situation with patience and understanding can make this transition easier for everyone involved. When concerns about independent living arise, early planning can give families more choices and help protect the older person's wishes. Discussing these issues before a crisis occurs may make it easier to balance safety, independence and personal dignity. Speaking with an experienced legal professional can help families understand the available options and determine which approach best fits the person's circumstances.]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[What happens to your estate if you die without a will?]]> https://www.bonniebenson.com/?p=53723 2026-08-28T17:11:22Z 2026-09-02T17:10:50Z Estate planning can feel like something that can wait. After all, no one likes to think about what will happen to their property after they are gone. However, making a few important decisions ahead of time can help provide clarity for loved ones and make the process easier. When someone dies without a will, their estate does not simply disappear or automatically go to the people they would have chosen. Instead, state law generally determines how their property is distributed, which may not match their wishes.

How intestacy determines who inherits

Dying without a valid will is known as dying intestate. When this happens, the state’s intestacy laws determine who may inherit the deceased person’s property. These laws typically prioritize close relatives, such as a surviving spouse, children or siblings, depending on the person’s family circumstances. For example, if someone dies with a spouse and children, the estate may be divided between them according to a specific legal formula. The outcome may also vary depending on whether the children are also the surviving spouse’s children, whether there are children from another relationship and what type of property is involved. Intestacy can also create complications when a person has more complicated family or financial circumstances. Unmarried partners generally do not have the same inheritance rights as spouses under intestacy laws, and stepchildren may not automatically inherit. Without a will, someone may also have little control over which relatives receive their property or how quickly the estate is distributed. Creating a valid will allows a person to make important decisions about who should receive their property and can provide clearer instructions for handling their estate. A will can also name an executor to manage the estate and, when appropriate, identify a guardian for minor children. Taking time to create or update an estate plan can help ensure your wishes are clearly documented rather than left to state law. Speaking with an experienced legal professional can help you understand how Delaware intestacy rules apply to your specific situation and determine what planning documents may be appropriate for your circumstances.]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[Choosing an executor for your Delaware estate plan]]> https://www.bonniebenson.com/?p=53715 2026-08-17T11:22:06Z 2026-08-20T11:20:57Z An estate’s executor holds a sensitive position. They file the will with the probate court, manage the estate, communicate with beneficiaries, pay debts and taxes and distribute assets to beneficiaries. Title 12 of the Delaware Code requires them to put the interests of the estate and its beneficiaries ahead. Due to their strict legal responsibilities, it’s crucial to choose a reliable party. Here are four qualities to consider:

Trustworthiness

You must trust that your chosen party will perform all their duties competently and act with high integrity. Someone you know well, who knows you well and is totally honest, can be a reliable executor.

Impartiality 

An executor should be fair and neutral. They should not act with personal bias or favoritism. For instance, they should not provide updates only to certain beneficiaries while ignoring others. Instead, they should follow all the wishes and instructions included in estate planning documents.  If a person has an existing rivalry with some family members or a history of controlling behavior, they may not be an impartial executor.

Organization

Paperwork is an integral part of an executor’s role. They need to file documents with the court, send emails to beneficiaries and interested parties, pay bills, track expenses and so forth. Errors can lead to missed court deadlines, delays in the process and conflicts with beneficiaries. Therefore, consider choosing someone with strong organizational skills.

Proximity

Location is a practical factor when naming an executor. An executor who lives nearby may have an easier time running in-person errands and appearing in court. Nonetheless, many executors do not live close to the person whose estate they execute. Naming an executor should be taken seriously. Get more information to choose someone who will administer your estate successfully.   ]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[Delaware: Which type of trust is right for you?]]> https://www.bonniebenson.com/?p=53696 2026-08-13T13:51:37Z 2026-08-18T13:50:53Z Benefits of establishing a Delaware trust Delaware offers several benefits for people who create trusts. The state does not tax trust income when beneficiaries live outside Delaware. This rule may help you protect more of your wealth over time. The state also allows dynasty trusts, which can continue for many generations and help you pass assets to your family. Delaware’s Court of Chancery handles trust disputes and other business matters. The court’s judges understand complex trust issues and can provide consistent decisions when conflicts arise. Delaware also offers strong privacy protections that keep many trust details out of public records.

Understanding revocable living trusts

A revocable living trust gives you control over your assets during your lifetime. You can change the trust, add or remove assets or end the trust if your needs change. This flexibility makes revocable living trusts a common choice for many estate plans. A revocable living trust can also help your family avoid probate after you pass away. This may save time and reduce costs during the estate process. However, because you still control the assets, they usually remain part of your taxable estate.

How irrevocable trusts protect assets

An irrevocable trust requires you to transfer ownership of assets to the trust. After you create this type of trust, you usually cannot change it easily. Giving up control may seem challenging, but an irrevocable trust can offer valuable benefits. An irrevocable trust may protect assets from certain creditors and may help reduce estate taxes. This type of trust can be useful if you want to protect wealth or plan for future tax concerns.

Specialized trusts available in Delaware

Delaware offers different types of trusts for specific goals. A Delaware Asset Protection Trust can allow you to benefit from assets while protecting them from certain future claims. Charitable trusts can help you support causes you care about while offering possible tax benefits. A special needs trust can help you provide for a family member with a disability without affecting access to certain government benefits. A dynasty trust can help you pass wealth to future generations while reducing the impact of transfer taxes.

Choosing the right trust for your goals

The right trust depends on your goals, financial situation and family needs. Each trust offers different benefits, so consider what you want to accomplish before making a choice. Understanding your options can help you create an estate plan that supports the people and causes that matter most to you.  ]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[What are home sellers required to disclose in Delaware?]]> https://www.bonniebenson.com/?p=53702 2026-07-30T11:41:21Z 2026-08-04T11:40:12Z When someone sells a home in Delaware, they do have to make certain disclosures. Generally speaking, they have to disclose any material defects with the property. These are serious issues that could affect the safety or value of that property. For instance, perhaps there is structural damage to the home. The home may not be safe to live in if sold as is, and the work required to fix the structural damage could be very expensive, decreasing the value of the property. The home seller needs to tell any potential buyers about this issue, or they need to have it repaired in advance.

Questions asked on the disclosure form

One of the key components of a real estate transaction in Delaware is to go through the mandatory disclosure form. The following are just a few questions that are asked, though this is certainly not an exhaustive list:
  • Do all of the exterior doors have properly working locks?
  • Are there any asbestos-related materials in the home?
  • Is there any lead paint, lead pipes or other known lead hazards?
  • Has a mold test been conducted?
  • Is the property in a flood zone?
  • Have any significant structural additions been made to the property?
  • Are there any issues with the walls or foundation of the home?
  • Has there ever been smoke or fire damage?
  • Has the home experienced flooding or wind damage?
  • Was the home originally built on the site or moved there later?
  • Are there any known issues with decks, porches or other exterior features?
  • Have there ever been termite infestations or issues with other insects or pests?
  • Has there ever been water leakage, flooding or plumbing issues?
The entire disclosure form is nine pages long and contains numerous other questions that will need to be answered, but this helps to show some of the things both buyers and sellers need to consider during a transaction. A lack of proper disclosures can complicate the process or may make the transaction impossible, and it is important for the parties to know what legal steps they can take if disputes arise.

]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[Do you need a caregiver agreement?]]> https://www.bonniebenson.com/?p=53693 2026-07-16T12:21:23Z 2026-07-21T12:20:30Z Family caregiving starts with love and a shared understanding. You may help an aging parent with daily safety and issues like medication and hygiene. Initially, no one may think about paperwork because the focus is on care.  Over time, that care can become full-time work. A caregiver agreement puts the arrangement in writing so everyone understands the duties, payment, schedule and expectations. It can also help reduce family conflict and support elder law planning. 

When is it time for a caregiver agreement?

A caregiver agreement may be useful when care is regular, paid or tied to long-term planning. It helps protect the person receiving care and the person providing it.  Here are a few reasons you may need one: 
  • It explains the caregiver’s role: The agreement can list tasks such as cooking, transportation, medication reminders, personal care, housekeeping and help with appointments.
  • It sets clear payment terms: If a family member is being paid, the agreement can specify the rate, pay schedule and whether room and board or other benefits are included.
  • It helps prevent family disputes: Written terms can reduce confusion among siblings or relatives who may later question how money was spent.
  • It may support Medicaid planning: Payments made without a written agreement may raise questions during a Medicaid review. Clear records can help show that payments were for real care services.
  • It creates accountability: The agreement can require timesheets, receipts or care notes so the arrangement stays organized.
A caregiver agreement gives structure to a situation that can become stressful, emotional and financially complicated.  If you are caring for an aging loved one or paying someone in your family to help, written terms can clarify the arrangement for everyone. Elder law planning works best when decisions are made early and there is legal support to help you create an agreement that fits your family’s needs. ]]> 0