Federal law (and Delaware's implementation) imposes a 5-year lookback period for Medicaid long-term care eligibility. Any uncompensated transfers (gifts, transfers to family members, transfers to a non-Medicaid-qualified trust) within the 5 years before applying for Medicaid can trigger a penalty period during which Medicaid won't pay for nursing home care. This is the main reason Medicaid planning needs to start years before care is actually needed — and the main reason elder law attorneys exist as a distinct practice area.

Estate planning attorneys in Delaware average $475 per hourClio Legal Trends Report 2025Verified Jan 1, 2025 for wills and estates work. Flat-fee packages run roughly $1,425–$2,850 for a simple individual will and $4,390–$6,585 for a basic revocable trust. Online and DIY services cost $30–$300 for the same documents — see the will cost calculator for a side-by-side comparison.

Delaware allows estates under $30,000 to use a simplified Distribution Without Letters procedure, which is a form rather than a court case and typically doesn't require an attorney. For larger estates, formal probate is involved enough that retaining counsel is usually practical — the procedural work is what they're there for. Use the Delaware probate calculator to estimate the costs.

In Delaware, the situations where retaining counsel is typically worth the cost are: blended families with children from prior relationships; ownership of a business, rental property, or significant investment assets; special-needs dependents who need a special-needs trust to preserve benefits; substantial property held in multiple states. If none of these describe your situation, the simpler online and DIY tools are often enough.