Title 12 — Decedents’ Estates and Fiduciary Relations

35 chapters · 275 sections in this title.

275 sectionsFiltered byTitle 12

12 Del. C. § 39A-302. Accepting guardianship or conservatorship transferred from another state.
2.8K chars
§ 39A-302. Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship or conservatorship transferred to this State under provisions similar to § 39A-301 of this title, the guardian or conservator must petition the court in …
12 Del. C. § 39A-401. Foreign guardians.
0.2K chars
§ 39A-401. Foreign guardians. The authority of a guardian or conservator appointed in another state to act in this state is governed by § 3904 of this title.76 Del. Laws, c. 380, § 5;
12 Del. C. § 39A-402. Effective date.
0.2K chars
§ 39A-402. Effective date. This chapter applies to guardianship and protective proceedings begun on or after January 1, 2009.76 Del. Laws, c. 380, § 5;
12 Del. C. § 4001. Definitions.
1.7K chars
§ 4001. Definitions. In this chapter: (1) “Comprehensive care plan” means those services offered by the Delaware CarePlan Trust that are designed to ensure that the needs of each participant are being met for as long as may be required and may include periodic visits to the parti…
12 Del. C. § 4002. Purpose, scope and organization.
2.2K chars
§ 4002. Purpose, scope and organization. (a) The Delaware CarePlan Trust is intended to encourage supplementation and augmentation of those services provided by local, state and federal government agencies for persons with disabilities. It will provide a method to assure ongoing …
12 Del. C. § 4003. Administration; powers and duties.
2.4K chars
§ 4003. Administration; powers and duties. (a) The Delaware CarePlan Trust shall be administered by a Board, the members of which shall include, but shall not be limited to, family members, interested persons, public representatives, persons with disabilities who are not particip…
12 Del. C. § 4004. Eligibility for participation and services.
2.0K chars
§ 4004. Eligibility for participation and services. (a) A person with a disability may be eligible to be a participant in the Delaware CarePlan Trust: (1) Upon a contribution of assets into the Delaware CarePlan Trust, or the Board’s waiver of such contribution, by or on behalf o…
12 Del. C. § 4005. Special requests on behalf of participant.
0.7K chars
§ 4005. Special requests on behalf of participant. (a) The Delaware CarePlan Trust may agree to fulfill any special requests made by or on behalf of a participant as long as the requests are consistent with this chapter and provided that adequate funds are available for such purp…
12 Del. C. § 4006. Accountability.
1.4K chars
§ 4006. Accountability. (a) The Delaware CarePlan Trust shall prepare a report annually itemizing all funds collected for the year, income earned, salaries, other expenses incurred and the opening and final trust balances. Such report shall be available to the public. (b) The Del…
12 Del. C. § 4007. Withdrawal of a participant; surplus trust funds.
1.1K chars
§ 4007. Withdrawal of a participant; surplus trust funds. (a) The Board is directed to develop standards and procedures for the withdrawal of a participant from the Delaware CarePlan Trust. (1) A participant may withdraw from the Delaware CarePlan Trust. The death of a participan…
12 Del. C. § 4008. Charitable contributions.
0.5K chars
§ 4008. Charitable contributions. The Delaware CarePlan Trust may accept contributions not designated for a particular participant, and use such contributions, in its discretion, for purposes including, but not limited to, qualifying a person with a disability as a participant, m…
12 Del. C. § 4009. Effect on participation in government programs.
0.4K chars
§ 4009. Effect on participation in government programs. Notwithstanding any other provision of law, a participant’s interest in the Delaware CarePlan Trust shall be disregarded in assessing financial eligibility and liability under any program of government benefits or assistance…
12 Del. C. § 4010. Exemption from creditors.
0.4K chars
§ 4010. Exemption from creditors. No participant shall have the power to assign, convey, alienate, or otherwise encumber any interest in the Delaware CarePlan Trust; nor shall such interest or any trust disbursement be subject to any creditor’s claim, attachment, encumbrance or e…
12 Del. C. § 4011. Trust not subject to law against perpetuities, restraints on alienation.
0.3K chars
§ 4011. Trust not subject to law against perpetuities, restraints on alienation. The Delaware CarePlan Trust shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation or perpetual accumulations of trusts.71 Del. La…
12 Del. C. § 4012. Short title.
0.1K chars
§ 4012. Short title. This chapter may be cited as the “Delaware CarePlan Trust Act.”71 Del. Laws, c. 360, § 1;
12 Del. C. § 4101. Appointment of conservator.
1.4K chars
§ 4101. Appointment of conservator. Whenever a person, hereinafter referred to as an absentee, serving in or with the armed forces of the United States or a person serving as a merchant sailor has been reported or listed as missing or missing in action or interned in a neutral co…
12 Del. C. § 4102. Bond and powers of conservator.
0.5K chars
§ 4102. Bond and powers of conservator. The Register of Wills may appoint any suitable person as conservator and may require such conservator to post an adequate surety bond and to make such reports as the Register deems necessary. The conservator shall have the same powers and a…
12 Del. C. § 4103. Termination of conservatorship.
0.8K chars
§ 4103. Termination of conservatorship. At any time upon petition signed by the absentee or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee the Register shall direct the termination of the conservatorship and the transfer of a…
12 Del. C. § 4301. Definitions.
1.8K chars
§ 4301. Definitions. In this chapter, unless the context otherwise requires: (1) “Assignment” includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. (2) “Claim of beneficial interest” includes a claim of any interes…
12 Del. C. § 4302. Registration in the name of a fiduciary.
0.6K chars
§ 4302. Registration in the name of a fiduciary. A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent or correct description of the fiduciary relatio…
12 Del. C. § 4303. Assignment by a fiduciary.
1.0K chars
§ 4303. Assignment by a fiduciary. Except as otherwise provided in this chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary: (1) May assume without inquiry that the assignment, even though to the fiduciary or to the fi…
12 Del. C. § 4304. Evidence of appointment or incumbency.
1.2K chars
§ 4304. Evidence of appointment or incumbency. A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency: (1) In the case of a fiduciary appointed or …
12 Del. C. § 4305. Adverse claims.
1.3K chars
§ 4305. Adverse claims. (a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on not…
12 Del. C. § 4306. Nonliability of corporation and transfer agent.
0.2K chars
§ 4306. Nonliability of corporation and transfer agent. A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this chapter.12 Del. C. 1953, § 4306; 54 Del. Laws, c. 141.;
12 Del. C. § 4307. Nonliability of third persons.
1.0K chars
§ 4307. Nonliability of third persons. (a) No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciary…
12 Del. C. § 4308. Territorial application.
0.8K chars
§ 4308. Territorial application. (a) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction unde…
12 Del. C. § 4309. Tax obligations.
0.2K chars
§ 4309. Tax obligations. This chapter does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession or other taxes imposed by the laws of this State.12 Del. C. 1953, § 4309; 54 Del. Laws, c. 141.;
12 Del. C. § 4310. Uniformity of interpretation.
0.2K chars
§ 4310. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.12 Del. C. 1953, § 4310; 54 Del. Laws, c. 141.;
12 Del. C. § 4311. Short title.
0.2K chars
§ 4311. Short title. This chapter may be cited as the “Uniform Act for Simplification of Fiduciary Security Transfers.”12 Del. C. 1953, § 4311; 54 Del. Laws, c. 141.;
12 Del. C. § 4501. Definitions.
2.3K chars
§ 4501. Definitions. In this chapter: (1) “Adult” means an individual who has attained the age of 21 years. (2) “Benefit plan” means an employer’s plan for the benefit of an employee or partner. (3) “Broker” means a person lawfully engaged in the business of effecting transaction…
12 Del. C. § 4502. Scope and jurisdiction.
1.2K chars
§ 4502. Scope and jurisdiction. (a) This chapter applies to a transfer that refers to this chapter in the designation under § 4509(a) of this title by which the transfer is made if at the time of the transfer, the transferor, the minor or the custodian is a resident of this State…
12 Del. C. § 4503. Nomination of custodian.
1.5K chars
§ 4503. Nomination of custodian. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming t…
12 Del. C. § 4504. Transfer by gift or exercise of power of appointment.
0.3K chars
§ 4504. Transfer by gift or exercise of power of appointment. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 4509 of this title.70 Del. Laws, c. 393, § 1;
12 Del. C. § 4505. Transfer authorized by will or trust.
0.9K chars
§ 4505. Transfer authorized by will or trust. (a) A personal representative or trustee may make an irrevocable transfer pursuant to § 4509 of this title to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nomi…
12 Del. C. § 4506. Other transfer by fiduciary.
1.5K chars
§ 4506. Other transfer by fiduciary. (a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to § 4509 of this title in the absence of a…
12 Del. C. § 4507. Transfer by obligor.
1.7K chars
§ 4507. Transfer by obligor. (a) Subject to subsections (b) and (c) of this section, a person not subject to § 4505 or § 4506 of this title who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the ben…
12 Del. C. § 4508. Receipt for custodial property.
0.2K chars
§ 4508. Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.70 Del. Laws, c. 393, § 1;
12 Del. C. § 4509. Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
4.5K chars
§ 4509. Manner of creating custodial property and effecting transfer; designation of initial custodian; control. (a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: a. Registere…
12 Del. C. § 4510. Single custodianship.
0.3K chars
§ 4510. Single custodianship. A transfer may be made only for 1 minor and only 1 person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.70 Del. Laws, c. 393, § 1;
12 Del. C. § 4511. Validity and effect of transfer.
1.3K chars
§ 4511. Validity and effect of transfer. (a) The validity of a transfer made in a manner prescribed in this chapter is not affected by: (1) Failure of the transferor to comply with § 4509(c) of this title concerning possession and control; (2) Designation of an ineligible custodi…
12 Del. C. § 4512. Care of custodial property.
2.4K chars
§ 4512. Care of custodial property. (a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and (3) Collect, hold, manage, invest and reinvest custodial property. (b) In dealing with custodial property, a c…
12 Del. C. § 4513. Powers of custodian.
0.4K chars
§ 4513. Powers of custodian. (a) A custodian acting in a custodial capacity has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity …
12 Del. C. § 4514. Use of custodial property.
1.0K chars
§ 4514. Use of custodial property. (a) A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: (1) The dut…
12 Del. C. § 4515. Custodian’s expenses, compensation and bond.
0.5K chars
§ 4515. Custodian’s expenses, compensation and bond. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (b) Except for one who is a transferor under § 4504 of this title, a custodian …
12 Del. C. § 4516. Exemption of third person from liability.
0.8K chars
§ 4516. Exemption of third person from liability. A third person, in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowle…
12 Del. C. § 4517. Liability to third persons.
1.0K chars
§ 4517. Liability to third persons. (a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from the ownership or control of custodial property; or (3) A tort committed during the custodianship may be asserted aga…
12 Del. C. § 4518. Renunciation, resignation, death or removal of custodian; designation of successor custodian.
3.4K chars
§ 4518. Renunciation, resignation, death or removal of custodian; designation of successor custodian. (a) A person nominated under § 4503 of this title or designated under § 4509 of this title as custodian may decline to serve by delivering a written disclaimer to the person who …
12 Del. C. § 4519. Accounting by and determination of liability of custodian.
1.2K chars
§ 4519. Accounting by and determination of liability of custodian. (a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor or a transferor’s legal representative may petition…
12 Del. C. § 4520. Termination of custodianship.
0.5K chars
§ 4520. Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of: (1) The minor’s attainment of 21 years of age with respect to custodial property transferred under § 4504 …
12 Del. C. § 4521. Applicability.
0.6K chars
§ 4521. Applicability. This chapter applies to a transfer within the scope of § 4502 of this title made after June 26, 1996, if: (1) The transfer purports to have been made under the Delaware Uniform Gifts to Minors Act; or (2) The instrument by which the transfer purports to hav…