Legal Question in Civil Litigation in Delaware

Re: Childs rights to parents belongins

You should contact a lawyer in Delaware for a clear answer. Generally, if your father left to you in a will this item you have been requesting, then, you may have a right to establish your entitlement through the court. Again, you need to speak with a lawyer in Delaware.

Re: Childs rights to parents belongins

If your father had a will, then probably not. However, you should consult with an attorney in DE. Since your father died in 1989, you may be barred by the statue of limitations.

Re: Childs rights to parents belongins

I don't know the specifics of Delaware law on this subject, but I can offer some guidance. The basic principle you need to keep in mind is that it is not up to you what becomes of your late father's property.

If your father had a will, it should spell out who was to get what. In most (or maybe even all) states, it is perfectly legal for a parent not to leave anything at all to his or her adult children. Your father thus was free to leave you as much or as little as he wanted -- including nothing at all. He certainly did not have to leave you any particular item or give you the option of choosing what to claim. If he didn't specifically say you should have the item in question, then you probably don't have much of a claim to it.

You seem to take a dim view of your stepmother's claim to this property, but keep in mind that she was your father's wife. In many states the law *requires* that a surviving spouse receive at least a certain percentage of the estate, so it would be illegal for your father to disinherit her altogether.

Every state also has intestacy laws which spell out what happens to the estate when a person dies without a valid will. In most of these states, if there are no minor children the entire estate (after taxes and administrative fees) would go to a surviving spouse rather than to adult children.

Basically, the answer is this: If your father's will said you should have that particular item then you have a right to it. Otherwise your stepmother is probably the rightful owner.