T&E Solo Pack · Delaware · Week Of May 25, 2026

Delaware.

Your state's pack. New issue every Monday. Bookmark it. I built this for the Delaware T&E solo who knows Title 12 cold but still loses an afternoon a week tracking the moving DMMA Medicaid pieces.

For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.

DE
Delaware · First State
UPC — No (own Title 12)
Community Property — No
LTC — Diamond State Health Plan–Plus (DMMA)
Estate Recovery — Probate-only
T&E Solo Pack Built for Delaware attorneys
The Big Three · Week Of May 25, 2026

Here's what I'd want you to see from last week.

Three developments I think actually matter to a Delaware T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.

01

Delaware now allows transfer-on-death deeds — effective December 5, 2025.

HB 147 (Substitute 1) enacted the Uniform Real Property Transfer on Death Act at Title 25, Chapter 2, authorizing TOD deeds for real property for the first time.

A new probate-avoidance tool for the Delaware solo. The drafting trap: a TOD deed names a beneficiary but does not shield the home from Medicaid estate recovery — the trust still does the recovery-planning work.

Del. H.B. 147 (Sub. 1), 153rd Gen. Assemb.; 25 Del. C. ch. 2 · delcode.delaware.gov

02

DMMA long-term-care estate recovery reaches only the probate estate.

Delaware recovers Medicaid long-term-care costs from the probate estate after the death of the recipient (and any surviving spouse who resided in the home); liens and recoveries are governed by Title 25, Chapter 50.

This is the structural fact a Delaware Medicaid plan is built around. A funded revocable trust keeps the residence out of the probate estate; an unfunded trust is the malpractice trap.

25 Del. C. ch. 50 · delcode.delaware.gov; DMMA LTC Medicaid · dhss.delaware.gov/dmma

03

The 2026 federal figures are set.

Maximum CSRA is $162,660 (minimum $32,532); the special income standard is $2,982/mo (300% of the SSI FBR).

Two places this lands: community-spouse protection math and the income cap for institutional eligibility. Flag the 2028 OBBBA $1,000,000 home-equity cap now.

42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)

Week Of May 25, 2026

This week.

This week in Delaware for the T&E solo with Medicaid-planning clients: what the Register of Wills offices, the Delaware State Bar Association, and DMMA bulletins put in front of you.

The DSBA CLE calendar, the Estates and Trusts Section, and the DMMA policy updates all publish on different schedules. This is that sift, already done, with the link on each item.