Law Offices of Bonnie M. Benson, P.A. Law Offices of Bonnie M. Benson, P.A. 2026-08-18T13:50:53Z 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[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 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[Why out of state wills require a Delaware update]]> https://www.bonniebenson.com/?p=53687 2026-07-13T09:44:47Z 2026-07-16T09:44:12Z Legal execution rules vary across state lines Delaware honorably accepts written wills created legally in your former state. Even so, minor differences in how your paperwork was originally signed can create roadblock delays later. If your out of state document uses a format unfamiliar to local courts, the local Register of Wills may ask for extra proof. Your loved ones might have to track down original witnesses or file additional paperwork to prove the will is valid. This extra step takes up valuable time during an already difficult family loss.

Local tax structures alter asset distribution plans

Many retirees relocate to Delaware for excellent financial advantages. The state repealed its estate tax in 2018. Additionally, Delaware does not have a traditional inheritance tax or a gift tax. If you moved from a state with heavy estate taxes, like New York or Maryland, your current will might contain complex restrictions. These rules likely aimed to avoid taxes that do not exist here anymore. These outdated clauses could accidentally lock away funds or limit asset access for your spouse and children.

Delaware probate procedures require specific legal terminology

The paperwork process to settle an estate is highly localized. Delaware uses its own system through the Court of Chancery. Out of state documents often miss standard options that keep the Delaware probate procedures moving quickly. An unaligned estate plan can cause several administrative hurdles:
  • Your executor may have to pay for a commercial bond if your will does not fully waive executor sureties.
  • Your executor may have to ask a judge for permission to sell real estate if your will lacks an express power of sale clause.
  • Your family may face higher overall administrative costs due to extra court steps.
An updated local review ensures your will includes the exact, friendly language Delaware courts expect. This preparation protects your hard-earned wealth and keeps the process simple for your heirs.

Secure your peace of mind in your new home

You worked hard to build your legacy and take care of your family. Speaking with an experienced estate planning attorney is a natural next step to make sure your transition to Delaware is smooth.]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[Why do elderly parents need a financial power of attorney?]]> https://www.bonniebenson.com/?p=53689 2026-07-06T07:29:28Z 2026-07-09T07:28:19Z As parents age, they may begin to need assistance with managing property and money. This change often occurs slowly, but there might not be any indication that makes it evident that the time is right now. One way that parents can ensure they’ll have the help they need is to set up a financial power of attorney.  A financial power of attorney is a document that appoints an agent to care for financial matters. This designation has to be set while the parent is still legally able, which means they must be of sound mind. 

What can a financial agent take care of?

Generally, the financial agent will have the ability to pay bills and take care of assets. The exact duties and abilities depend largely on the wording of the power of attorney. At a minimum, it might be necessary to include the ability to pay bills, manage bank accounts, handle insurance matters, file taxes and communicate with financial institutions. Some financial power of attorney documents also allow the agent to manage investments and take care of real estate issues.  Creating a financial power of attorney can ensure that critical financial tasks are handled if the creator becomes incapacitated. This document doesn’t take away the elderly parent’s right to make their own financial decisions as long as they have the legal capacity to do so. Additionally, the power of attorney will cease when the creator passes away because the financial responsibility shifts to the personal representative named in their estate plan.  Ensuring the financial power of attorney reflects the creator’s wishes is critical, so it may be beneficial for them to work with someone who can assist with this. They should also set up the other components of their estate plan so they can rest assured that their wishes are known and relayed in a legally enforceable manner.   ]]> 0 On 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=53683 2026-06-18T11:54:57Z 2026-06-23T11:53:30Z As 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.  ]]> 0 On Behalf of Law Offices of Bonnie M. Benson, P.A. <![CDATA[Buying a Delaware retirement home? Read this first]]> https://www.bonniebenson.com/?p=53675 2026-06-12T12:52:51Z 2026-06-17T12:51:39Z A 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.]]> 0 On 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=53670 2026-06-05T12:55:53Z 2026-06-10T12:55:15Z Planning 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.]]> 0 On 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=53672 2026-06-05T08:05:43Z 2026-06-05T08:05:43Z Delaware'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 the Delaware 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.]]> 0 On 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=53667 2026-05-22T12:33:49Z 2026-05-27T12:30:09Z Delaware 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. ]]> 0