Need to Strategize Next Steps

[Atacompleteloss]

Jurisdiction

Delaware

Hi, my younger sibling died very unexpectedly. My sibling was divorced this year and the divorce was bitter. My sibling's eldest child turned 18 years of age 5 days prior to my sibling's death. I have asked for a death certificate (which I would pay for) for my personal files There has been no response to my request because I believe the 18-year-old is being controlled by the ex-spouse. In my state, only the informant next of kin can order a death certificate. My sibling's ex-spouse originally claimed to be the executrix (that is prohibited legally) and now claims her sibling is executrix. We don't feel this is appropriate and need to know what to do next. Do we have any rights?

 

[adjusterjack]

Hi, my younger sibling died very unexpectedly.

Condolences.

I have asked for a death certificate (which I would pay for) for my personal files There has been no response to my request because I believe the 18-year-old is being controlled by the ex-spouse. In my state, only the informant next of kin can order a death certificate.

Then you already know that nobody is obligated to give you a copy nor is anybody doing anything wrong or actionable to you by not giving you a copy.

My sibling's ex-spouse originally claimed to be the executrix (that is prohibited legally)

Prohibited? I haven't looked it up but I find it hard to believe that a person can't have an ex-pouse as executrix. Can you cite a statute to back that up?

now claims her sibling is executrix.

So?

We don't feel this is appropriate

Sorry, but your "feelings' and $5 will get you coffee at Starbucks but that's about it.

need to know what to do next.

Well, if all you want is a copy of the death certificate, check the local probate court and see if probate has been opened. Probate files are public record and may contain a copy of the death certificate.

Do we have any rights?

Rights to what? What else do you want besides the death certificate?

 

[army judge]

My condolences upon your loss, OP.

Your niece or nephew is the ONLY lawful next of kin in Delaware, unless I missed reading where your sibling had other children with the most recent former spouse, any other former spouse, or any other person when she was unmarried.


Under intestate succession in Delaware, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:
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Intestate Succession if Unmarried in Delaware
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If the decedent is not married, the decedent's property will pass first to his children.

The children will receive their shares per stirpes.

Per stirpes means that each branch of heirs will receive an equal share of the estate.

This means that in the event one of the children died before the decedent but has children that are still alive, those children will take the share of their deceased parent.

If the decedent did not have children, the decedent's surviving parents would receive equal shares.