Delaware Estate Planning Attorneys
Last updated on October 23, 2025
Having a well-prepared estate plan in place is one of the most beneficial things you can do for yourself and your loved ones prior to your death. By taking the appropriate steps now, you can provide your family with clear instructions regarding how you want your affairs handled in the later years of your life.
At the law firm of Tunnell & Raysor, P.A., we provide comprehensive estate planning services to clients throughout Sussex County. We understand how overwhelming it can be for people to work through a process that involves such a wide variety of options and one that only takes effect — in large part — after they have passed away. Our Rehoboth Beach estate planning attorneys will walk you through each step and make sure that all of your questions are answered.
Developing A Plan That Fully Accommodates Your Needs
We work closely with all of our clients to understand their concerns and goals with regard to estate planning. We listen carefully to their needs and advise them of the various tools that are available to accommodate them. We develop customized plans designed specifically to accommodate clients’ unique requirements.
Our Rehoboth Beach estate planning lawyers have experience in a vast array of estate planning matters, including:
- Elder law, including Medicaid planning
- Drafting wills
- Drafting trusts
- Identifying powers of attorney
- Drafting health care directives and living wills
- Tax planning strategies
- Guardianships
- Probate and estate litigation
What happens if a person dies without a will in Delaware?
If you died without a will, the Delaware laws of intestacy would dictate how your estate is distributed. A spouse is entitled to $50,000 plus half of the remaining estate. If you have no living spouse, your children inherit. After that, your parents and then your siblings are next in line. Stepchildren and grandchildren might get nothing. This is an oversimplification of a complex succession order. The main takeaway is that writing a will lets you decide who inherits and what part of the estate they each receive.
What is the difference between a health care directive and a health care proxy?
A health care directive, also known as a living will, gives direction to physicians and family members regarding life support and end-of-life care. A health care proxy is an individual empowered to make medical decisions if you become incapacitated, through a medical power of attorney. A thorough estate plan includes both documents.
What is probate?
Probate is the legal process for administering the estate of the deceased. In Delaware, an estate must be opened in probate court if the person had at least $30,000 in personal assets or owned real estate. An executor or personal representative is appointed by the court to carry out the estate administration duties. Those tasks include gathering assets, paying debts and taxes and distributing the remaining assets. A probate attorney can be invaluable in guiding the executor and expediting the probate process.
What does a trust do?
A trust holds assets separate from your estate. One of the main purposes of a trust is bypassing probate – those assets pass directly to the beneficiary. Trusts can also help to protect assets from creditors or lawsuits or help a family member with disabilities retain eligibility for government benefits. Our lawyers can advise on different types of trusts to meet your specific estate planning goals.
Will my heirs have to pay tax on their inheritance?
No. The federal estate tax has been eliminated for all but the very wealthy (individuals with $5 million in assets or married couples with $10 million). Delaware’s estate tax has also been eliminated.
Contact Tunnell & Raysor, P.A., Regarding Your Estate Planning Needs
Contact one of our Delaware offices in Georgetown, Lewes, Rehoboth Beach, Bethany Beach or Milford to schedule an initial consultation with a lawyer. You can reach us by phone at 302-396-9645 or toll free at 800-541-5443, or via email.
Meet the attorneys who represent our estate planning clients: