Contracts come in many forms - from well written multipage contracts to verbal contracts. (Yes, there are such things as "verbal contracts" and they can be enforced under certain circumstances). Many written contracts are incomplete or ambiguous. Contract litigation often involves contract interpretation or contract enforcement, or both. One thing that makes contract litigation in Delaware unique is the separation of Courts of Law and the Court of Equity. The very first determination to be made in contract litigation analysis is: what result is being sought? This single determination, at the beginning of the case, makes a world of difference in the outcome.
Problems involving land can occur in many forms. This area of litigation usually involves establishing or protecting rights in land or correcting problems or discrepancies in a parcel’s chain-of-title. Many things can cause "clouds" on property title or disputes over land rights. Delaware’s real property law dates back to 1400 English common law and some archaic rules which establish legal rights are still in practice today. Work in this area of law should not be undertaken by a novice or someone not familiar with real estate property law.
Wills and Estates
Planning for death should be considered a necessity. Whether your estate is small or large, estate planning means you get to control the distribution of the estate rather than state law dictating who receives your estate. For larger estates, or complicated estates, or estates involving step-children, or special needs, a more involved estate plan is usually necessary. Depending on the circumstances, a Revocable Trust (sometimes called a Living Trust) or a Special Needs Trust may be in order. A good estate plan eases the stress and uncertainty of your heirs when the time comes.
Estate administration refers to the management of an estate after death. Generally the process is overseen by the Register of Wills. Like any other area of law, the process can be filled with pit-falls and problems. At the top of the list is dealing with creditors and impatient beneficiaries. A knowledgeable attorney can make the process seamless and help preserve estate assets.