Delaware Legal Practice Areas
Efficient, cost-effective tailored legal solutions for Delaware Real Estate Transactions, Estate Planning, and Estate/Trust Administration.
Real Estate Law Delaware
At Tomasetti Law, LLC, we pride ourselves on developing a personal relationship with each and every one of our clients in Delaware. With more than 30 years of residential real estate experience, our legal team delivers competent solutions designed to make every settlement seamless and worry-free.
1. Real Estate Settlements
Full closing representation for buyers, sellers, and lenders. We oversee document execution, title disbursement, mortgage compliance, and settlement recording across all Delaware counties.
2. Real Estate Contracts
Meticulous contract drafting, contingency analysis, and seller disclosure examination to protect your financial interests before you commit to purchase or sale agreements.
3. Refinancing Representation
Timely, cost-effective coordination with mortgage lenders and underwriters to execute loan refinancing with minimal friction and maximum closing speed.
4. Deed Preparation
Drafting Quitclaim Deeds, Special Warranty Deeds, and General Warranty Deeds adhering strictly to Delaware statutory recording standards and county transfer tax rules.
5. Family Property Transfers
Structuring intra-family real estate conveyances, life estate reservations, and property titling adjustments to achieve generational goals while mitigating transfer taxes.
Residential Real Estate Transaction Process
The process of buying a home is one of the most important financial decisions of your life. Whether you are acquiring beach property in Sussex County or a primary residence in New Castle County, our team guides you through every step:
Rigorous review of terms, inspection contingencies, and title deadlines to identify obligations upfront.
Examining county deed and mortgage registries to confirm clear, marketable title free of encumbrances.
Resolving boundary disputes, unreleased liens, variances, easements, and municipal permits before settlement.
Conducting the settlement conference, explaining tedious loan documents, and recording the new deed.
We can also help with seeking approvals for residential and commercial projects, obtaining variances, easements, subdivisions, re-zoning, and alcohol permits. Contact Tomasetti Law today to discuss your residential real estate needs.
Estate Planning in Delaware
At Tomasetti Law, LLC, we believe that it is never too early to get started on creating an effective, comprehensive estate plan. Our firm creates a simple, straightforward approach individually tailored to each client's unique life situation.
Download Our Estate Planning Questionnaire
Complete this straightforward confidential questionnaire before your consultation to save time and optimize your roadmap.
Last Will & Testament
Designates beneficiaries for probate assets, nominates trusted personal representatives, and establishes legal guardians for minor children.
Revocable Living Trusts
Holds title to property during life, avoids 8 to 18 months of public probate, bypasses county closing fees, and distributes assets seamlessly.
Durable Financial Powers of Attorney
Authorizes a trusted agent to pay bills, file taxes, and manage property upon incapacity, preventing expensive Delaware Court of Chancery guardianship actions.
Advance Health Care Directives
Combines a Living Will with a Medical Power of Attorney so your healthcare wishes and end-of-life choices are honored by medical providers.
Delaware Estate Comparison: Wilma Will vs. Tracy Trust
Based on a hypothetical $278,000 Delaware estate (Home: $200k, Bank Accounts & Stocks: $78k) in New Castle County (1.75% closing cost rate).
Scenario 1: Wilma Will (Probate Required)
Assets passed by Will require full probate administration through the Register of Wills.
| Will Preparation & Drafting | $350.00 |
| Delaware Attorney Probate Fee | $1,500.00 |
| New Castle County Closing Costs (1.75%) | $1,076.25 |
| Total Out-of-Pocket Expense | $2,926.25 |
Drawbacks: 8 to 18 months probate delay; court file is a public record; mandatory creditor publication periods.
Scenario 2: Tracy Trust (Probate Bypassed)
Assets re-titled into a Revocable Living Trust pass outside probate directly to beneficiaries.
| Revocable Trust & Deed Preparation | $1,750.00 |
| Attorney Trust Administration Expense | $250.00 |
| Small Estate Affidavit / NCC Fee | $30.00 |
| Total Out-of-Pocket Expense | $2,030.00 |
✓ Net Cash Savings: $896.25 (~$900) • Zero probate court delays • Total family financial privacy.
Estate / Trust Administration Delaware
Our firm assists personal representatives (Executors, Executrixes, and Administrators) through all facets of the probate process. Our estate administration team guides you through every step while completing all required filings with the Register of Wills.
Navigating the Delaware Register of Wills
After a loved one passes away, numerous challenges arise in executing the decedent's last wishes. The Register of Wills is the arm of the Delaware Court of Chancery responsible for probate. Our attorneys and staff handle all documentation and appearance requirements so you do not have to personally appear for every procedure.
Because our focus is on making the task of administering the estate as straightforward as possible, our decades of combined experience provide a wealth of resources for you as a personal representative:
- Managing complex intestate estates when a decedent dies without a Will
- Resolving beneficiary disputes and interpreting ambiguous testamentary clauses
- Filing Form 400 inventories, publishing creditor notices, and managing the 8-month claim period
- Settling debts and taxes while protecting executors from personal fiduciary liability
- Guiding named Trustees on fiduciary accounting, compliance, and asset distribution
- Representing fiduciaries and beneficiaries in Court of Chancery estate and trust litigation
While representing the personal representative, Tomasetti Law prides itself on providing beneficiaries with a transparent administration of the probate process, avoiding unnecessary liabilities, eliminating unexpected costs, and expediting asset distributions.