Should I update my Will, Healthcare Directive and Power of Attorney?

Mistakes in Estate Planning There are two prevalent mistakes in estate planning. One mistake is not to have a will or other key documents of a plan. The second mistake is to fail to update your estate planning documents. Having your estate plan doesn’t mean your work is done. Estate plans need to be reviewed and revised periodically. If you have not completed your estate planning, please click here to learn why you should not wait to get your estate planning in order. If you have completed your estate planning, please take a few minutes and see if any of […]

Delaware Police are Conducting Traffic Stops

“Before you hit any of the state’s major roadways this weekend, buckle up, pay attention and don’t drink.” During the summer months, there is an extra police presence covering the entire State of Delaware. They conduct traffic stops focused on aggressive driving, distracted driving, impaired driving, seatbelt use, pedestrian safety, as well as motorcycle and commercial vehicle safety and enforcement.  A traffic violation conviction in the State of Delaware can alter your everyday life in several ways. Serious traffic offenses such as DUI, Driving Without Insurance and Inattentive Driving can result in a loss of your driving privileges. Should that […]

Real Estate School 104

Real Estate School by Julianne E. Murray, Esquire We are now in our fourth installment, Real Estate School 104, Title Searches. In the first installment, I started with how you get from a ratified sales contract to an attorney’s office. In my second installment, I described three very important documents related to real estate transactions: the deed, the mortgage and the note. The third installment discussed the Settlement Sheet HUD-1. Title Searches For our fourth installment, I am going to discuss title searches. When a piece of property is bought, we know from installment three that the current owner (the […]

Real Estate School 103

Real Estate School by Julianne E. Murray, Esquire We are now in our third installment, Real Estate School 103,  the Settlement Sheet HUD-1. In the first installment, I started with how you get from a ratified sales contract to an attorney’s office. In my second installment, I described three very important documents related to real estate transactions: the deed, the mortgage and the note. The Real Estate Settlement Sheet HUD-1 In this installment, I thought I would explain the “accounting” of a real estate settlement. It is called the settlement sheet or the HUD-1. This form lists all of the accounting details […]

Real Estate School 102

Real Estate School by Julianne E. Murray, Esquire I started Real Estate School because buying a house is probably the most significant purchase you will make in your life. I think it’s important to have some general knowledge about what goes on in the transaction as well as an understating of some of the documents. 3 Important Documents: Deed, Mortage, and Note There are 3 documents I want to explain in this installment: deed, mortgage, and note A deed is a document that transfers ownership from one person or entity to another. It is signed by the current owner only […]

Real Estate School 101

Real Estate School by Julianne E. Murray, Esquire Buying a house is probably the most significant purchase you will make in your life. In a perfect world, you would know and understand the paperwork involved in it. But, because of the nature of banking, and real estate laws, a number of documents and signatures is massive so many purchasers don’t even try to get a grip on what they are signing. They just sign where they are told. I’m not going to attempt to explain every document – but I am going to explain some very important ones and the […]

Supreme Court

So what is the final stopping place that is the ultimate authority on Delaware law? The Delaware Supreme Court. As the highest court in the state, the Supreme Court has final appellate jurisdiction in criminal matters and civil final judgments from Superior Court, and certain orders from Family Court and the Court of Chancery. The Delaware Supreme Court has quite a reputation. We have mentioned that the Court of Chancery has a worldwide reputation because so many corporations are incorporated here in Delaware. Well, when a corporation is unhappy with a Chancery decision, it is appealed to the Delaware Supreme […]

Superior Court

What happens in Superior Court? Superior Court has statewide original jurisdiction over criminal and civil cases except for equity cases (which is Chancery Court) and domestic relations matters (which is Family Court) For criminal matters, Superior Court has exclusive jurisdiction over all felonies (except those involving juveniles which are heard in Family Court). For civil matters, the court has jurisdiction in cases in value over 50,000. So typically personal injury and medical malpractice cases are handled in the Superior Court. Superior Court also serves as an intermediate appellate court from over 50 administrative agencies, the Court of Common Pleas, and […]

Court of Common Pleas

So far we have talked about the Justice of the Peace Courts and Family Court. So now let’s talk about the Court of Common Pleas – sometimes called CCP. The Court of Common Pleas has both civil and criminal jurisdiction. In civil cases, cases with an amount in controversy up to 50,000 can be heard. CCP also handles change of name petitions, habitual motor vehicle hearings and appeals from DMV and JP proceedings. In civil matters like these, there are no jury trials. In criminal cases, CCP has jurisdiction over all misdemeanors except certain drug offenses, all criminal motor vehicle offenses, preliminary […]

JP Court and Family Court

We want to give everyone a baseline knowledge of the main courts in Delaware and the types of cases that each court hears because almost everyone has to deal with a court at some point in their lives. The main courts in Delaware are the JP courts, Family Court, Court of Common Pleas, Superior Court, Chancery Court, and the Supreme Court. Justice of Peace Court JP Court has jurisdiction in civil cases worth 15,000 or less, some criminal misdemeanors, most motor vehicle violations (except felonies) and all landlord/tenant matters. There are no jury trials in JP Court, and you can […]

Julianne Murray argues in front of the Supreme Court

Death Penalty Repeal Legislation Introduced Again

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