Your state’s pack. New issues arrive periodically on Mondays. Bookmark it. I built this for the Delaware T&E solo who knows Delaware’s own Title 12 (Decedents’ Estates and Fiduciary Relations) cold but still loses an afternoon a week hunting the current homestead number, the Diamond State Health Plan–Plus (DMMA) posture, whether the latest Delaware bar’s ethics opinion changes how you scope an engagement, or whether a recent Delaware Supreme Court decision just moved the law on capacity, undue influence, or a trustee’s duties. What’s below is what mattered in Delaware lately — the week’s developments and the recent rulings from the bench.
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.
Three developments from the last seven days that I think actually matter to a Delaware T&E solo. Each one has a read that lands on your practice specifically — and each one comes with the citation so you can verify the detail yourself before you use it with a client.
Per the Delaware General Assembly, Trust Act 2025 (HB 103) was signed on August 21, 2025. The recurring annual Title 12 update adds an ‘enforcer’ role for noncharitable purpose trusts, updates the § 3301(d) fiduciary and nonfiduciary definitions, and clarifies § 3315 (a beneficiary holds only an expectancy).
For a Delaware T&E solo working the nation’s leading trust-situs state, the annual Trust Act is the must-track update: the new enforcer role gives you a drafting tool for noncharitable purpose trusts, and the § 3301(d) and § 3315 refinements may change how you define fiduciary and nonfiduciary powers in current forms. Refresh your Delaware trust templates against the 2025 changes rather than relying on a pre-August precedent.
Delaware General Assembly · Trust Act 2025 (HB 103, signed Aug. 21, 2025) · legis.delaware.gov · HB 103
Per the Delaware General Assembly, HB 147 enacted the Uniform Real Property Transfer on Death Act as 25 Del. C. ch. 2, effective December 5, 2025. Delaware real property may now pass at death by a recorded, revocable TOD deed — a non-probate transfer tool that did not previously exist in the state.
This is a genuinely new planning tool for Delaware real property: a recorded TOD deed can now carry a residence outside probate without a trust. For a solo, weigh it against the trust-situs toolkit you already use — it must be recorded before death and is revocable, so confirm the recording and revocation mechanics before substituting it for an existing instrument, and add it to your intake menu for clients whose only probate asset is the home.
Delaware General Assembly · HB 147 (URPTODA, 25 Del. C. ch. 2, eff. Dec. 5, 2025) · legis.delaware.gov · HB 147
Per the Delaware courts, the Delaware Supreme Court issued an Interim Generative AI Policy on October 22, 2024. It is a governance instrument for AI use within the Delaware judiciary — tool approval, training, and accountability, with no delegation of decision-making — rather than a practitioner ethics opinion.
For a T&E solo filing in the Court of Chancery or before a Register of Wills, the operative Delaware AI instrument today is this judiciary policy, not a DSBA practitioner opinion (which has not been independently confirmed). Read it as the in-state signal on how the bench expects AI to be used and verified in filings, and continue to verify every AI-generated citation against the primary source before it goes into a Delaware court paper.
Delaware Judiciary · Interim GenAI Policy (Oct. 22, 2024) · courts.delaware.gov · Interim GenAI Policy
Decisions from the courts that bind a Delaware practitioner — the Delaware Supreme Court, the Court of Chancery and the Orphans’ / Register of Wills jurisdiction, the U.S. District Court for the District of Delaware, and the Third Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery. One read, the holding, and the official cite.
Across the Delaware Supreme Court, the Court of Chancery, the U.S. District Court for the District of Delaware, and the Third Circuit, no qualifying trusts-and-estates or estate-recovery decision was verified for this period. Per the lane’s no-invent rule, this row says so plainly rather than inflating a holding.
Nothing to re-paper from the bench this period; controlling authority is unchanged. CourtListener was used for discovery only this period and surfaced no qualifying Delaware trusts-and-estates or estate-recovery decision.
Awaiting verified weekly signal — CourtListener used for discovery only, never cited as authority.
This slot holds the next significant trusts-and-estates or estate-recovery decision from Delaware’s appellate courts or the federal courts covering Delaware. The lane reads each opinion before it lands here, and reads-and-discards Medicaid program/provider litigation as not T&E. When the trailing window has no new ruling, this row says so plainly rather than inventing one.
Per-state “what this means today” lands here once a ruling is populated — otherwise: nothing to re-paper from the bench this period; controlling authority unchanged.
Awaiting verified weekly signal — CourtListener used for discovery only, never cited as authority.
This week in Delaware for the T&E solo with Delaware Medicaid (DMMA) clients: the developments from the Delaware State Bar Association (Estates & Trusts Section), the Delaware Judiciary, and DMMA that actually moved your practice this period — each one primary-source verified.
Bar and Medicaid changes land on different schedules and aren’t indexed by practice focus. Every item here was checked against its primary source, with the link, so you can verify before relying on it.