14 V.S.A. § 2660 — VT Code / Title 14 / Chapter 111 / Section 2660
§ 2660. Statement of legislative intent
Status: in_force

(a) The creation of a permanent guardianship for minors provides the opportunity for a child, whose circumstances make returning to the care of the parents not reasonably possible, to be placed in a stable and nurturing home for the duration of the child's minority. The creation of a permanent guardianship offers the additional benefit of permitting continued contact between a child and the child's parents.

(b) The Family Division of the Superior Court is not required to address and rule out each of the other potential disposition options once it has concluded that termination of parental rights is in a child's best interests.
14 V.S.A. § 3553 — VT Code / Title 14 / Chapter 125 / Section 3553
§ 3553. Applicability
Status: in_force

(a) This chapter applies to:

(1) a fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017;

(2) a personal representative acting for a decedent who died before, on, or after July 1, 2017;

(3) a guardianship proceeding commenced before, on, or after July 1, 2017; and

(4) a trustee acting under a trust created before, on, or after July 1, 2017.

(b) This chapter applies to a custodian if the user resides in this State or resided in this State at the time of the user's death.

(c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
14 V.S.A. § 3372 — VT Code / Title 14 / Chapter 118 / Section 3372
§ 3372. Disbursements from principal
Status: in_force

(a) A trustee shall make the following disbursements from principal:

(1) the remaining one-half of the disbursements described in subdivisions 3371(1) and (2) of this title;

(2) all of the trustee's compensation calculated on principal as a fee for acceptance, distribution, or termination, and disbursements made to prepare property for sale;

(3) payments on the principal of a trust debt;

(4) expenses that extend the life of trust property or that change the form of principal to an improvement or accretion to another item of trust property;

(5) expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;

(6) premiums paid on a policy of insurance not described in subdivision 3371(4) of this title of which the trust is the owner and beneficiary;

(7) estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and

(8) disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.

(b) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
14 V.S.A. § 3373 — VT Code / Title 14 / Chapter 118 / Section 3373
§ 3373. Transfers from income to principal for depreciation
Status: in_force

(a) As used in this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than one year.

(b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation in the following instances:

(1) of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(2) during the administration of a decedent's estate; or

(3) under this section if the trustee is accounting under section 3353 of this title for the business or activity in which the asset is used.

(c) An amount transferred to principal need not be held as a separate fund.
14 V.S.A. § 3104 — VT Code / Title 14 / Chapter 113 / Section 3104
§ 3104. Limitation on number of wards
Status: in_force

A person other than a bank or trust company, or the Executive Secretary of the State Veterans' Board acting under an appointment in that capacity pursuant to subdivision 3105(a)(3) of this title, shall not be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the Veterans' Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him or her from guardianships in excess of five and forthwith appoint a successor.
14A V.S.A. § 203 — VT Code / Title 14A / Chapter 2 / Section 203
§ 203. Subject matter jurisdiction
Status: in_force

(a) The Probate Division of the Superior Court has exclusive jurisdiction of proceedings in this State brought by a trustee or beneficiary concerning the administration of a trust.

(b) The Probate Division of the Superior Court has concurrent jurisdiction with other courts of this State of other proceedings involving a trust.
14 V.S.A. § 3118 — VT Code / Title 14 / Chapter 113 / Section 3118
§ 3118. Commitment to Veterans' Administration or other agency of U.S. government
Status: in_force

(a) Whenever, in a proceeding under the laws of this State for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans' Administration or other agency of the U.S. government, the court, upon receipt of a certificate from the Veterans' Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment there, may commit such person to such Veterans' Administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this State; and nothing in this chapter shall affect his right to appear and be heard in the proceedings. Upon commitment, when admitted to a facility operated by such agency within or without this State, such person shall be subject to the rules and regulations of the Veterans' Administration or other agency. The chief officer of a facility of the Veterans' Administration or institution operated by another agency of the United States to which the person is so committed, with respect to such person, shall be vested with the same powers as superintendents of State hospitals for mental diseases within this State with respect to retention of custody, transfer, parole, or discharge. Jurisdiction is retained in the committing or other appropriate court of this State at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all commitments pursuant to this chapter are so conditioned.

(b) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the Veterans' Administration, or other agency of the U.S. government for care or treatment shall have the same force and effect as to the committed person while in this State as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his or her restraint; as is provided in subsection (a) of this section with respect to persons committed by the courts of this State. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of a facility of the Veterans' Administration, or of an institution operated in this State by another agency of the United States to retain custody, or transfer, parole, or discharge the committed person.

(c) Upon receipt of a certificate of the Veterans' Administration or such other agency of the United States that facilities are available for the care or treatment of a person heretofore committed to a hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans' Administration or other agency of the United States for care or treatment. Upon effecting such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. A person shall not be transferred to the Veterans' Administration or other agency of the United States if he or she be confined pursuant to conviction of a felony or misdemeanor or if he or she has been acquitted of the charge solely on the ground of insanity, unless prior to transfer, the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing.

(d) A person transferred as provided in this section shall be deemed to be committed to the Veterans' Administration or other agency of the United States pursuant to the original commitment.
14A V.S.A. § 1419 — VT Code / Title 14A / Chapter 14 / Section 1419
§ 1419. Tax-related limitations
Status: in_force

(a) As used in this section:

(1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. §§ 671–677 or 26 U.S.C. § 679.

(2) “Internal Revenue Code” means the U.S. Internal Revenue Code of 1986.

(3) “Nongrantor trust” means a trust that is not a grantor trust.

(4) “Qualified benefits property” means property subject to the minimum distribution requirements of 26 U.S.C. § 401(a)(9) and any applicable regulations, or subject to any similar requirements that refer to 26 U.S.C. § 401(a)(9) or any applicable regulations.

(b) An exercise of the decanting power is subject to the following limitations:

(1) If a first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code or a state gift, estate, or inheritance tax, the second trust instrument shall not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified.

(2) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code or a state income, gift, estate, or inheritance tax, the second-trust instrument shall not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified.

(3) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for the exclusion from the gift tax described in 26 U.S.C. § 2503(b), the second-trust instrument shall not include or omit a term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. § 2503(b). If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for the exclusion from the gift tax described in 26 U.S.C. § 2503(b) by application of 26 U.S.C. § 2503(c), the second-trust instrument shall not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. § 2503(c).

(4) If the property of the first trust includes shares of stock in an s corporation as defined in 26 U.S.C. § 1361 and the first trust is, or but for provisions of this chapter other than this section would be, a permitted shareholder under any provision of 26 U.S.C. § 1361, an authorized fiduciary may exercise the power with respect to part or all of the S corporation stock only if any second trust receiving the stock is a permitted shareholder under 26 U.S.C. § 1361(c)(2). If the property of the first trust includes shares of stock in an S corporation and the first trust is, or but for provisions of this chapter other than this section would be, a qualified subchapter-S trust within the meaning of 26 U.S.C. § 1361(d), the second-trust instrument shall not include or omit a term that prevents the second trust from qualifying as a qualified subchapter-S trust.

(5) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a zero inclusion ratio for purposes of the generation-skipping transfer tax under 26 U.S.C. § 2642(c), the second-trust instrument shall not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under 26 U.S.C. § 2642(c).

(6) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second-trust instrument shall not include or omit any term that, if included in or omitted from the first-trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under 26 U.S.C. § 401(a)(9) and any applicable regulations, or any similar requirements that refer to 26 U.S.C. § 401(a)(9) or any applicable regulations. If an attempted exercise of the decanting power violates this subsection, the trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the power, and section 1422 of this title shall apply to the separate share.

(7) If the first trust qualifies as a grantor trust because of the application of 26 U.S.C. § 672(f)(2)(A), the second trust shall not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the first trust from qualifying under 26 U.S.C. § 672(f)(2)(A).

(8) As used in this subdivision, “tax benefit” means a federal or state tax deduction, exemption, exclusion, or other benefit not listed in this section, except for a benefit arising from being a grantor trust. Subject to subdivision (9) of this subsection (b), a second-trust instrument shall not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented qualification for a tax benefit if:

(A) the first-trust instrument expressly indicates an intent to qualify for the benefit or the first-trust instrument is clearly designed to enable the first trust to qualify for the benefit; and

(B) the transfer of property held by the first trust or the first trust qualified or, but for provisions of this chapter other than this section, would have qualified for the tax benefit.

(9) Subject to subdivision (4) of this subsection:

(A) except as otherwise provided in subdivision (7) of this subsection (b), the second trust may be a nongrantor trust, even if the first trust is a grantor trust; and

(B) except as otherwise provided in subdivision (10) of this subsection (b), the second trust may be a grantor trust, even if the first trust is a nongrantor trust.

(10) An authorized fiduciary shall not exercise the decanting power if a settlor objects in a signed record delivered to the fiduciary within the notice period and:

(A) the first trust and a second trust are both grantor trusts, in whole or in part, the first trust grants the settlor or another person the power to cause the first trust to cease to be a grantor trust, and the second trust does not grant an equivalent power to the settlor or other person; or

(B) the first trust is a nongrantor trust and a second trust is a grantor trust, in whole or in part, with respect to the settlor, unless:

(i) the settlor has the power at all times to cause the second trust to cease to be a grantor trust; or

(ii) the first-trust instrument contains a provision granting the settlor or another person a power that would cause the first trust to cease to be a grantor trust and the second-trust instrument contains the same provision.
14 V.S.A. § 2647 — VT Code / Title 14 / Chapter 111 / Section 2647
§ 2647. For minor interested in an estate
Status: in_force

When notice is required to be given to a minor interested in an estate, as heir, devisee, or legatee, or representative of either, a guardian of the minor shall be appointed before the notice is given. Before any part of the estate is assigned to a minor, a guardian shall be appointed, although the minor has a parent living who is authorized to act as guardian.
14A V.S.A. § 1105 — VT Code / Title 14A / Chapter 11 / Section 1105
§ 1105. Fiduciary's liability for action or inaction of trustee, trust advisor, and trust protector
Status: in_force

An excluded fiduciary is not liable for:

(1) any loss resulting from any action or inaction of a trustee, trust advisor, or trust protector; or

(2) any loss that results from the failure of a trustee, trust advisor, or trust protector to take any action proposed by the excluded fiduciary where such action requires the authorization of the trustee, trust advisor, or trust protector, provided that an excluded fiduciary who had a duty to propose such action timely sought but failed to obtain the authorization.
14A V.S.A. § 1403 — VT Code / Title 14A / Chapter 14 / Section 1403
§ 1403. Scope
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c) of this section, this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.

(b) This chapter does not apply to a trust held solely for charitable purposes.

(c) Subject to section 1415 of this title, a trust instrument may restrict or prohibit exercise of the decanting power.

(d) This chapter does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this State other than this chapter, common law, a court order, or a nonjudicial settlement agreement.

(e) This chapter does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
14 V.S.A. § 3073 — VT Code / Title 14 / Chapter 111 / Section 3073
§ 3073. Change of residential placement
Status: in_force

(a)(1) When a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title wishes to admit the person under guardianship to a nursing home or change the residential placement of the person under guardianship from a private home to a boarding home, residential care home, assisted living residence, group home, or other similar facility, the guardian must first file a motion for permission to do so.

(2) For any other change of residence sought by a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title, the guardian shall give notice to all parties and to such other persons as the court directs as soon as practicable prior to the change of placement.

(b)(1) In an emergency, a guardian who has been granted the power to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title may change the residential placement of the person under guardianship without petitioning the court for prior permission or without giving prior notice to parties. Immediately after any emergency change in residential placement for which prior permission under subsection (a) of this section would be required in the absence of an emergency, the guardian shall file a motion for permission to continue the placement.

(2) Immediately after any emergency change of placement for which prior permission under subsection (a) of this section is not required, the guardian shall give notice of the change of placement to all parties and to such other persons as the court directs.

(3) Any party may request a hearing on a change in residential placement. The hearing shall be set for the earliest possible date and shall be given precedence over other probate matters.

(c) In a hearing on a change of placement, the court shall consider:

(1) the need for the change of placement;

(2) the appropriateness of the new placement;

(3) the wishes of the person under guardianship, if known; and

(4) whether the guardian has considered alternatives.
14 V.S.A. § 3183 — VT Code / Title 14 / Chapter 114 / Section 3183
§ 3183. Effect of registration
Status: in_force

(a) Upon registration of a guardianship or protective order from another state, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian is not a resident of this State, subject to any conditions imposed upon nonresident parties.

(b) A Probate Division of the Superior Court of this State may grant any relief available under this chapter and other law of this State to enforce a registered order.
14 V.S.A. § 902 — VT Code / Title 14 / Chapter 61 / Section 902
§ 902. Will allowed; letters to executor
Status: in_force

When a will has been allowed, the Probate Division of the Superior Court shall issue letters of administration to the person named executor if the person accepts appointment and gives any required bond.
14 V.S.A. § 3116 — VT Code / Title 14 / Chapter 113 / Section 3116
§ 3116. Copies of public records to be furnished
Status: in_force

When a copy of a public record is required by the Veterans' Administration to be used in determining the eligibility of a person to participate in benefits made available by the Veterans' Administration, the official custodian of such public record shall, without charge, provide the applicant for such benefits or a person acting on his or her behalf or the authorized representative of the Veterans' Administration with a certified copy of such record.
14 V.S.A. § 301 — VT Code / Title 14 / Chapter 42 / Section 301
§ 301. Intestate estate
Status: in_force

(a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs, except as modified by the decedent's will.

(b) A decedent's will may expressly exclude or limit the right of an individual or a class to inherit property. If such an individual or member of such a class survives the decedent, the share of the decedent's intestate estate that would have passed to that individual or member of such a class passes subject to any such limitation or exclusion set forth in the will.

(c) Nothing in this section shall preclude the surviving spouse of the decedent from making the election and receiving the benefits provided by section 319 of this title.
14 V.S.A. § 4052 — VT Code / Title 14 / Chapter 127 / Section 4052
§ 4052. Statutory short form power of attorney for real estate transactions
Status: in_force

(a) A document substantially in the following form may be used to create a statutory form power of attorney for a real estate transaction that has the meaning and effect prescribed by this chapter. Nothing in this section shall prohibit a principal from using this form to grant other powers to an agent with respect to real property consistent with section 4034 of this title.

VERMONT STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to take actions for you (the principal) in connection with a real estate transaction (sale, purchase, mortgage, gift, or other authorized real estate transaction). Your agent will be able to make decisions and act with respect to a specific parcel of land whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Vermont Uniform Power of Attorney Act, 14 V.S.A. chapter 127.

DESIGNATION OF AGENT

I/we _______________________________________ and _______________________________________

(Name(s) of Principal) appoint the following person as my (our) agent:

Name of Agent: _________________________________________

Name of Successor Agent: _________________________________________

Address of Property that is the subject of this power of attorney

(Street): , (Municipality)_________________________________________

_______________________________________________________________________ , Vermont.

Transaction for which the power of attorney is given:

[ ] Sale

[ ] Purchase or Acquisition

[ ] Finance and/or Mortgage

[ ] Gift

[ ] Other _______________________________________________________________________

GRANT OF AUTHORITY

I/we grant my (our) agent and any successor agent authority named in this power of attorney to act for me/us with respect to a real estate transaction involving the property with the address stated above, including, but not limited to, the powers described in 14 V.S.A. § 4034(2), (3), and (4) as provided in the Vermont Uniform Power of Attorney Act, 14 V.S.A. chapter 127, together with the incidental powers enumerated in section 4033 of that chapter.

POWER TO DELEGATE

[ ] If this box is checked, each agent appointed in this power of attorney may delegate the authority to act to another person. Any delegation shall be in writing and executed in the same manner as this power of attorney.

TERM

This power of attorney commences when fully executed and continues until the real estate transaction for which it was given is complete.

SELF DEALING

[ ] If this box is checked, the agent named in this power of attorney may convey the subject real estate with or without consideration to the agent, individually, in trust, or to one or more persons with the agent.

CHOICE OF LAW

This power of attorney and the effect hereof shall be determined by the application of Vermont law and the Vermont Uniform Power of Attorney Act.

SIGNATURE AND ACKNOWLEDGMENT

_______________________________________________________________________ Your Name Printed

_______________________________________________________________________ Your Address

_______________________________________________________________________ Your Telephone Number_______________________________________________________________________

State of _________________________________________

County of _________________________________________

This document was acknowledged before me on (Date) _________________________________________

by _______________________________________________________________________ (Name of Principal)

_________________________________________ (Seal, if any)

Signature of Notary _________________________________________

My Commission expires: _________________________________________

(b) A power of attorney in the form above confers on the agent the powers provided in subdivisions 4034(2), (3), and (4) of this chapter.
14 V.S.A. § 1210 — VT Code / Title 14 / Chapter 66 / Section 1210
§ 1210. Claims not due and contingent or unliquidated claims
Status: in_force

(a) If a claim that will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.

(b) In other cases the executor or administrator, or, on motion of the executor or administrator or the claimant, in a proceeding for the purpose, the Probate Division of the Superior Court, may provide for payment as follows:

(1) If the claimant consents, he or she may be paid the present or agreed value of the claim, taking any uncertainty into account.

(2) Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
14 V.S.A. § 962 — VT Code / Title 14 / Chapter 61 / Section 962
§ 962. Appointment in case of delay
Status: in_force

When there is delay in granting letters testamentary or of administration, occasioned by an appeal from the allowance or disallowance of a will, or from other cause, the Probate Division of the Superior Court may appoint a special administrator to act in collecting and taking charge of the estate of the deceased until the questions causing the delay are decided and an executor or administrator is appointed. An appeal shall not be allowed from the appointment of a special administrator.
14 V.S.A. § 3358 — VT Code / Title 14 / Chapter 118 / Section 3358
§ 3358. Insubstantial allocations not required
Status: in_force

If a trustee determines that an allocation between principal and income required by section 3359, 3360, 3361, 3362, or 3365 of this title is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in subsection 3324(c) of this title applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in subsection 3324(d) of this title and may be released for the reasons and in the manner described in subsection 3324(e) of this title. An allocation is presumed to be insubstantial if:

(1) the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or

(2) the value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust's assets at the beginning of the accounting period.
14A V.S.A. § 412 — VT Code / Title 14A / Chapter 4 / Section 412
§ 412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively
Status: in_force

(a) The Probate Division of the Superior Court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.

(b) The Probate Division of the Superior Court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.

(c) Upon termination of a trust under this section, the trustee shall distribute the trust property as directed by the Probate Division of the Superior Court or otherwise in a manner consistent with the purposes of the trust.
14 V.S.A. § 621 — VT Code / Title 14 / Chapter 47 / Section 621
§ 621. No sufficient evidence of survivorship
Status: in_force

Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.
14 V.S.A. § 3364 — VT Code / Title 14 / Chapter 118 / Section 3364
§ 3364. Derivatives and options
Status: in_force

(a) As used in this section, “derivative” means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.

(b) To the extent that a trustee does not account under section 3353 of this title for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

(c) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, must be allocated to principal.
14 V.S.A. § 3154 — VT Code / Title 14 / Chapter 114 / Section 3154
§ 3154. Communication between courts
Status: in_force

(a) The Probate Division of the Superior Court in this State may communicate with a court in another state concerning a proceeding arising under this chapter. The Probate Division may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
14 V.S.A. § 3075 — VT Code / Title 14 / Chapter 111 / Section 3075
§ 3075. Consent for medical or dental treatment
Status: in_force

(a) A person under guardianship retains the right to make medical and dental decisions unless that right has been restricted pursuant to subdivision 3069(c)(2) of this title.

(b) A person whose right to make medical decisions has been restricted pursuant to subdivision 3069(c)(2) of this section who has the capacity to make a specific medical decision retains the right to make that decision.

(c) Unless an advance directive or the authority of an agent is expressly revoked or modified by the court pursuant to 18 V.S.A. § 9718, the advance directive of a person under guardianship shall remain in effect, and the agent shall have sole authority to make health care decisions for the person under guardianship pursuant to 18 V.S.A. chapter 231.

(d) If there is no agent named in the advance directive, or if the office of agent is vacant, the guardian shall follow the instructions contained in the advance directive.

(e) For a person whose right to consent to medical or dental procedures has been restricted pursuant to subdivision 3069(c)(2) of this title, the guardian may give or withhold consent pursuant to this section and subject to any constitutional right of the person under guardianship to refuse treatment.

(f) Consent to the procedure shall be given or withheld consistent with the manner in which the person under guardianship would have given or withheld consent, provided there is sufficient information concerning the person's wishes. In making this determination, the guardian and the court in reviewing a guardian's decision under this section shall:

(1) Rely on written and oral expressions of the person under guardianship.

(2) Rely on available information concerning the wishes, values, beliefs, and preferences of the person under guardianship if the person's written and oral expressions do not provide sufficient information.

(3) Follow the best interests of the person under guardianship if subdivisions (1) and (2) of this subsection are inapplicable. No decision to withhold or abate medical treatment will be based solely on the age, economic level, or level of disability of the person under guardianship.

(g)(1) The guardian shall obtain prior written approval by the Probate Division of the Superior Court following notice and hearing:

(A) If the person under guardianship objects to the guardian's decision, on constitutional grounds or otherwise.

(B) If the court orders prior approval for a specific surgery, procedure, or treatment, either in its initial order pursuant to subdivision 3069(c)(2) of this title or anytime after appointment of a guardian.

(C) Except as provided in subdivision (2) of this subsection, and unless the guardian is acting pursuant to an advance directive, before withholding or withdrawing life-sustaining treatment other than antibiotics.

(D) Unless the guardian is acting pursuant to an advance directive, before consenting to a do-not-resuscitate order or clinician order for life-sustaining treatment, as defined in 18 V.S.A. § 9701(6), unless a clinician as defined in 18 V.S.A. § 9701(5) certifies that the person under guardianship is likely to experience cardiopulmonary arrest before court approval can be obtained. In such circumstances, the guardian shall immediately notify the court of the need for a decision, shall obtain the clinician's certification prior to consenting to the do-not-resuscitate order or clinician order for life-sustaining treatment, and shall file the clinician's certification with the court after consent has been given.

(2) The requirements of subdivision (1)(C) of this subsection shall not apply if obtaining a court order would be impracticable due to the need for a decision before court approval can be obtained. In such circumstances, the guardian shall immediately notify the court by telephone of the need for a decision, and shall notify the court of any decision made.

(h) The procedures in 18 V.S.A. chapter 181 shall be the exclusive mechanism to obtain approval for administration of nonemergency involuntary psychiatric medication to a person under guardianship.
14 V.S.A. § 1725 — VT Code / Title 14 / Chapter 77 / Section 1725
§ 1725. Application of advancement
Status: in_force

(a) If an advancement is in real property, the same shall be set off, first, against the heir's or other beneficiary's share of real property in the estate, including the real property so advanced, and the excess value, if any, shall be set off against the heir's or other beneficiary's share of the decedent's personal estate.

(b) If an advancement is in personal estate, the same shall be set off, first, against the heir's or other beneficiary's share in the personal estate, and the excess value, if any, shall be offset against the heir's or other beneficiary's share in the real property of the estate.

(c) If the heirs or beneficiaries consent, a different application of the advancement may be made.
14 V.S.A. § 3361 — VT Code / Title 14 / Chapter 118 / Section 3361
§ 3361. Minerals, water, and other natural resources
Status: in_force

(a) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:

(1) If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income.

(2) If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal.

(3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more than nominal, 90 percent must be allocated to principal and the balance to income.

(4) If an amount is received from a working interest or any other interest not provided for in subdivision (1), (2), or (3) of this subsection, 90 percent of the net amount received must be allocated to principal and the balance to income.

(b) An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, 90 percent of the amount must be allocated to principal and the balance to income.

(c) This chapter applies whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust.

(d) If a trust owns an interest in minerals, water, or other natural resources on July 1, 2012, the trustee may allocate receipts from the interest as provided in this chapter or in the manner used by the trustee prior to July 1, 2012. If the trust acquires an interest in minerals, water, or other natural resources after July 1, 2012, the trustee shall allocate receipts from the interest as provided in this chapter.
14 V.S.A. § 627 — VT Code / Title 14 / Chapter 47 / Section 627
§ 627. Interpretation to effectuate purpose
Status: in_force

This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states that enact it.
14 V.S.A. § 3069 — VT Code / Title 14 / Chapter 111 / Section 3069
§ 3069. Powers of a guardian
Status: in_force

(a) If the court enters judgment pursuant to subsection 3068(f) of this title, it may appoint a guardian if it determines that the respondent is unable to manage, without the supervision of a guardian, any or all aspects of his or her personal care and financial affairs.

(b) When the person under guardianship has an advance directive, the authority of the agent and the instructions contained therein shall remain in effect unless the Probate Division of the Superior Court expressly orders otherwise in a petition for review of the advance directive under 18 V.S.A. § 9718.

(c) The court shall grant powers to the guardian in the least restrictive manner appropriate to the circumstances of the respondent and consistent with any advance directive. Guardianship powers shall be ordered only to the extent required by the respondent's actual mental and adaptive limitations. The court shall specify which of the following powers the guardian shall have and may further restrict each power so as to preserve the respondent's authority to make decisions commensurate with respondent's ability to do so:

(1) The power to exercise general supervision over the person under guardianship. This includes care, habilitation, education, and employment of the person under guardianship and choosing or changing the residence, subject to the requirements of sections 2691, 3073, and 3074 of this title.

(2) The power to seek, obtain, and give or withhold consent to the initiation or continuation of medical or dental treatment, subject to the provisions of section 3075 of this title and any constitutional right of the person under guardianship to refuse treatment, provided that the court in its discretion may place limitations on the guardian's powers under this subdivision if appropriate under the circumstances, including requiring prior court approval for specific surgeries, procedures, or treatments.

(3) The power to exercise general financial supervision over the income and resources of the person under guardianship. This includes the power to seek or apply for, receive, invest, and expend all wages, compensation, insurance benefits, public benefits, and pensions for the benefit of the person under guardianship, to liquidate personal property for the benefit of the person under guardianship, to settle accounts, demands, claims, and actions by or against the person under guardianship, and to take any other action reasonably necessary to secure, preserve, protect, and defend the financial interests of the person under guardianship.

(4) The power to approve or withhold approval of any contract, except for necessaries, which the person under guardianship wishes to make.

(5) The power to approve or withhold approval of the sale or encumbrance of real property of the person under guardianship subject to subchapter 6 of this chapter.

(6) The power to obtain legal advice and to commence or defend against court actions in the name of the person under guardianship.

(d)(1) When a guardian has been granted some but not all guardianship powers, the guardianship shall be identified as a “limited guardianship” and the guardian identified as a “limited guardian.”

(2) A person for whom limited guardianship has been granted retains all the powers identified in subsection (c) of this section except those which have been specifically granted to the limited guardian.

(e) The guardian shall exercise supervisory powers in a manner which is least restrictive of the personal freedom of the person under guardianship consistent with the need for supervision.

(f) The guardian shall encourage the person under guardianship to participate in decisions, to act on his or her own behalf when practicable, and to develop or regain the capacity to manage his or her own personal affairs to the maximum extent possible. The wishes, values, beliefs, and preferences of the person under guardianship shall be respected to the greatest possible extent in the exercise of all guardianship powers.
14 V.S.A. § 4008 — VT Code / Title 14 / Chapter 127 / Section 4008
§ 4008. Nomination of guardian; relation of agent to court-appointed fiduciary
Status: in_force

(a) In a power of attorney, a principal may nominate a guardian of the principal's estate or a guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.

(b) If, after a principal executes a power of attorney, a court appoints a guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated, and the agent's authority continues unless limited, suspended, or terminated by the court.
14 V.S.A. § 4014 — VT Code / Title 14 / Chapter 127 / Section 4014
§ 4014. Agent's duties
Status: in_force

(a) Notwithstanding provisions in the power of attorney, an agent who has accepted appointment shall:

(1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and otherwise in the principal's best interests;

(2) act in good faith; and

(3) act only within the scope of authority granted in the power of attorney.

(b) Except as otherwise provided in the power of attorney or other provision of this chapter, an agent that has accepted appointment shall have no further obligation to act under the power of attorney. However, with respect to any action taken by the agent under the power of attorney, the agent shall:

(1) act loyally for the principal's benefit;

(2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interests;

(3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) cooperate with a person who has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and otherwise act in the principal's best interests; and

(6) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interests based on all relevant factors, including:

(A) the value and nature of the principal's property;

(B) the principal's foreseeable obligations and need for maintenance;

(C) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and

(D) eligibility for a benefit, a program, or assistance under a statute or regulation.

(c) An agent who acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.

(d) An agent who acts with care, competence, and diligence for the best interests of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.

(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.

(g) An agent who exercises authority to delegate to another person the authority granted by the principal or who engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.

(h) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.
14 V.S.A. § 2104 — VT Code / Title 14 / Chapter 101 / Section 2104
§ 2104. Motion, when bond is insufficient
Status: in_force

If a surviving spouse, heir, creditor, devisee, or legatee of a decedent or their legal representatives, or a person interested in a trust estate, considers the bond given to the Probate Division of the Superior Court by a fiduciary insufficient, they may file a motion for an additional bond. The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. If it appears to the court that the bond is not sufficient, it shall order the fiduciary to give a new and sufficient bond within the time limited. If the new bond is not filed within that new time, the court shall remove the fiduciary and fill the vacancy.
14 V.S.A. § 1558 — VT Code / Title 14 / Chapter 73 / Section 1558
§ 1558. Creditor may act
Status: in_force

(a) If there is a deficiency of assets in the estate, any creditor of the estate who obtains a license to do so from the Probate Division of the Superior Court may bring an action in the name of the executor or administrator in the Probate Division to recover any property fraudulently conveyed by the deceased in his or her lifetime. The action shall be for the benefit of the creditors and shall be brought in the same manner as an action by the executor or administrator under section 1554 of this title. A creditor licensed by the court to bring an action under this section may recover any property conveyed by the deceased in his or her lifetime by a fraudulent or void conveyance.

(b) An action under this section shall not be commenced until the creditor files with the court a bond with sufficient sureties conditioned to indemnify the executor or administrator against the costs of the action.

(c) A creditor who brings an action under this section shall have a lien upon the judgment recovered by him or her for the costs incurred and any other expenses the court deems equitable.
14 V.S.A. § 3218 — VT Code / Title 14 / Chapter 115 / Section 3218
§ 3218. Receipt for custodial property
Status: in_force

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian, pursuant to this chapter.
14 V.S.A. § 1654 — VT Code / Title 14 / Chapter 75 / Section 1654
§ 1654. Disposal of proceeds of beneficial sale
Status: in_force

In case of the sale of property for the benefit of interested persons, the proceeds shall be decreed to those persons otherwise entitled to the property.
14 V.S.A. § 2752 — VT Code / Title 14 / Chapter 111 / Section 2752
§ 2752. To respond for principal only; court may order income paid to parent
Status: in_force

When minor children inherit real or personal estate as the representatives of a deceased parent, or take the same by will, and the living parent of the children as guardian has the custody of their persons and estates, if the Probate Division of the Superior Court directs, the guardian shall furnish a bond to respond and pay the principal of the estate only. The income of the estate shall be expended at the discretion of the guardian for the benefit of the children without account to the court. When a person other than a parent of the children is their guardian and has the custody of their estates only, the court, from time to time, may order and direct the guardian to pay over to the parent of the children the part of the income of their estates, to be expended for their benefit as to the court seems just, in view of the relative value of the estate of the parent and the children.
14A V.S.A. § 601 — VT Code / Title 14A / Chapter 6 / Section 601
§ 601. Capacity of settlor of revocable trust
Status: in_force

The capacity of a settlor required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
14 V.S.A. § 3169 — VT Code / Title 14 / Chapter 114 / Section 3169
§ 3169. Proceedings in more than one state
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under subdivision 3164(a)(1) or (2) of this title, if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the Probate Division of the Superior Court in this State has jurisdiction under section 3163 of this title, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 3163 of this title before the appointment or issuance of the order.

(2) If the Probate Division of the Superior Court in this State does not have jurisdiction under section 3163 of this title, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Probate Division shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the Probate Division in this State shall dismiss the petition unless the court in the other state determines that the Probate Division of the Superior Court in this State is a more appropriate forum.
14 V.S.A. § 2803 — VT Code / Title 14 / Chapter 111 / Section 2803
§ 2803. Court may order personalty sold and proceeds invested in real estate
Status: in_force

(a) On motion of a guardian, a ward, or relative of a ward, or of a person interested in a ward's estate, by order, the Probate Division of the Superior Court may authorize or require the guardian to sell and transfer stock or other personal estate of the ward, collect demands, and invest in real estate the proceeds and the monies in the hands of the guardian, if the court deems it beneficial to the ward.

(b) The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.
14 V.S.A. § 3102 — VT Code / Title 14 / Chapter 113 / Section 3102
§ 3102. Administrator as party in interest
Status: in_force

The Administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans' Administration. Not less than 15 days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans' Administration having jurisdiction over the area in which any such suit or any such proceeding is pending.
14 V.S.A. § 3560 — VT Code / Title 14 / Chapter 125 / Section 3560
§ 3560. Disclosure of other digital assets of principal
Status: in_force

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal, and digital assets of the principal other than the content of electronic communications, if the agent gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or

(B) evidence linking the account to the principal.
14 V.S.A. § 1417 — VT Code / Title 14 / Chapter 71 / Section 1417
§ 1417. Prosecution of action
Status: in_force

A person having a contingent or other claim against a deceased person may prosecute the claim against the executor, administrator, heirs, devisees, or legatees. An action commenced against the deceased before death may be prosecuted to final judgment. A claimant having a lien on the real or personal estate of the deceased, by attachment previous to death, on obtaining judgment, may have execution against the real or personal estate.
14 V.S.A. § 2801 — VT Code / Title 14 / Chapter 111 / Section 2801
§ 2801. Guardian may discharge mortgage; consent to sale of realty
Status: in_force

On payment to him of the sum due on a real estate mortgage, a guardian may give an acquittance or release of the claim of his ward as mortgagee or assignee under such mortgage, and may give the consent of his ward to the sale of real estate when such consent is required by law.
14 V.S.A. § 2665 — VT Code / Title 14 / Chapter 111 / Section 2665
§ 2665. Reports
Status: in_force

The permanent guardian shall file a written report on the status of the child to the Probate Division of the Superior Court annually pursuant to subdivision 2629(b)(6) of this title and at any other time the court may order.
14A V.S.A. § 1312 — VT Code / Title 14A / Chapter 13 / Section 1312
§ 1312. Application to cotrustee
Status: in_force

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under sections 1309–1311 of this title.
14A V.S.A. § 1306 — VT Code / Title 14A / Chapter 13 / Section 1306
§ 1306. Powers of trust director
Status: in_force

(a) Subject to section 1307 of this title, the terms of a trust may grant a power of direction to a trust director.

(b) Unless the terms of a trust provide otherwise:

(1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a) of this section; and

(2) trust directors with joint powers must act by majority decision.
14 V.S.A. § 3065 — VT Code / Title 14 / Chapter 111 / Section 3065
§ 3065. Counsel
Status: in_force

(a)(1) The respondent shall have the right to be represented by counsel of his or her own choosing at any stage of a guardianship proceeding. Unless a respondent is already represented, the court:

(A) shall appoint counsel for the respondent when an initial petition for guardianship is filed;

(B) shall appoint counsel for the respondent in any subsequent proceeding if the respondent or a party requests appointment in writing; and

(C) may appoint counsel for the respondent on the court's initiative in any subsequent proceeding.

(2) Appointed counsel shall have the right to withdraw upon conclusion of the proceeding for which he or she has been appointed.

(b) Counsel shall receive a copy of the petition upon appointment and copies of all other documents upon filing with the court. Counsel shall consult with the respondent prior to any hearing and, to the maximum extent possible, explain to the respondent the meaning of the proceedings and of all relevant documents. Counsel for the respondent shall act as an advocate for the respondent and shall not substitute counsel's own judgment for that of the respondent on the subject of what may be in the best interests of the respondent. Counsel's role shall be distinct from that of a guardian ad litem if one is appointed. At a minimum, counsel shall endeavor to ensure that:

(1) the wishes of the respondent, including those contained in an advance directive, as to the matter before the court are presented to the court;

(2) there is no less restrictive alternative to guardianship or to the matter before the court;

(3) proper due process procedure is followed;

(4) no substantial rights of the respondent are waived, except with the respondent's consent and the court's approval, provided that the evaluation and report required under section 3067 of this title and the hearing required under section 3068 of this title may not be waived;

(5) the petitioner proves allegations in the petition by clear and convincing evidence in an initial proceeding, and applicable legal standards are met in subsequent proceedings;

(6) the proposed guardian is a qualified person to serve or to continue to serve, consistent with section 3072 of this title; and

(7) if a guardian is appointed, the initial order or any subsequent order is least restrictive of the personal freedom of the person under guardianship consistent with the need for supervision.

(c) Respondent's counsel shall be compensated from the respondent's estate unless the respondent is found indigent in accordance with Rule 3.1 of the Rules of Civil Procedure. For indigent respondents, the court shall maintain a list of pro bono counsel from the private bar to be used before appointing nonprofit legal services organizations to serve as counsel.
14 V.S.A. § 1453 — VT Code / Title 14 / Chapter 71 / Section 1453
§ 1453. Survival of causes of action
Status: in_force

The causes of action mentioned in sections 1451 and 1452 of this title shall survive. Actions based thereon may be commenced and prosecuted by or against the executor or administrator. When the actions are commenced in the lifetime of the deceased, after death the same may be prosecuted by or against the executor or administrator where by law that mode of prosecution is authorized.
14 V.S.A. § 2107 — VT Code / Title 14 / Chapter 101 / Section 2107
§ 2107. Discharge of executor, administrator, trustee, guardian; account; exoneration of surety
Status: in_force

When an executor, administrator, trustee, or guardian has paid and delivered over to the persons entitled to it the money or other property in his or her hands as required by a decree of the Probate Division of the Superior Court, he or she may perpetuate the evidence thereof by presenting to the court within one year after the decree is made or within a time thereafter that the court allows, an account of the payment or the delivery over of the property. If it is proved to the satisfaction of the court and verified by the oath of the accountant, the account shall be allowed as his or her final discharge and ordered to be recorded. The discharge shall forever exonerate the accountant and his or her sureties from liability under the decree, unless his or her account is impeached for fraud or manifest error.
14 V.S.A. § 2684 — VT Code / Title 14 / Chapter 111 / Section 2684
§ 2684. Spendthrift; hearing; notice
Status: in_force

When a petition is filed for the appointment of a guardian under section 2682 of this title, the Probate Division of the Superior Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.
14 V.S.A. § 337 — VT Code / Title 14 / Chapter 42 / Section 337
§ 337. Requirement that individual survive decedent for 120 hours
Status: in_force

Except as provided in the decedent's will, an individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, intestate succession, and taking under decedent's will, and the decedent's heirs and beneficiaries shall be determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir or beneficiary survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in escheat.
14 V.S.A. § 4061 — VT Code / Title 14 / Chapter 127 / Section 4061
§ 4061. Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
14 V.S.A. § 3227 — VT Code / Title 14 / Chapter 115 / Section 3227
§ 3227. Liability to third persons
Status: in_force

(a) A claim based on any of the following may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor:

(1) a contract entered into by a custodian acting in a custodial capacity;

(2) an obligation arising from the ownership or control of custodial property; or

(3) a tort committed during the custodianship.

(b) A custodian is not personally liable:

(1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship, unless the minor is personally at fault.
14A V.S.A. § 807 — VT Code / Title 14A / Chapter 8 / Section 807
§ 807. Delegation by trustee
Status: in_force

(a) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:

(1) selecting an agent;

(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and

(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.

(b) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.

(c) A trustee who complies with subsection (a) of this section is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.

(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this State, an agent submits to the jurisdiction of the courts of this State.
14 V.S.A. § 3413 — VT Code / Title 14 / Chapter 120 / Section 3413
§ 3413. Standard of conduct in managing and investing institutional fund
Status: in_force

(a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.

(b) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.

(c) In managing and investing an institutional fund, an institution:

(1) may incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution, and the skills available to the institution; and

(2) shall make a reasonable effort to verify facts relevant to the management and investment of the fund.

(d) An institution may pool two or more institutional funds for purposes of management and investment.

(e) Except as otherwise provided by a gift instrument, the following rules apply:

(1) In managing and investing an institutional fund, the following factors, if relevant, must be considered:

(A) general economic conditions;

(B) the possible effect of inflation or deflation;

(C) the expected tax consequences, if any, of investment decisions or strategies;

(D) the role that each investment or course of action plays within the overall investment portfolio of the fund;

(E) the expected total return from income and the appreciation of investments;

(F) other resources of the institution;

(G) the needs of the institution and the fund to make distributions and to preserve capital; and

(H) an asset's special relationship or special value, if any, to the charitable purposes of the institution.

(2) Management and investment decisions about an individual asset must be made not in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution.

(3) Except as otherwise provided by law other than this chapter, an institution may invest in any kind of property or type of investment consistent with this section.

(4) An institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification.

(5) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to rebalance a portfolio in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution as necessary to meet other circumstances of the institution and the requirements of this chapter.

(6) A person that has special skills or expertise, or is selected in reliance upon the person's representation that the person has special skills or expertise, has a duty to use those skills or that expertise in managing and investing institutional funds.
14 V.S.A. § 2643 — VT Code / Title 14 / Chapter 111 / Section 2643
§ 2643. Release by court and parent on behalf of minor
Status: in_force

(a) The Superior judge of the Superior Court within and for the county where the minor resides, on behalf of a minor, must approve of and consent to a release to be executed by a parent in the settlement of any claim that does not exceed the sum of $10,000.00. A release so furnished shall be binding on the minor and both parents, their heirs, executors, administrators, or assigns, respectively.

(b) Any claim settled for a sum in excess of $10,000.00 shall require the approval of a court-appointed guardian.
14 V.S.A. § 3414 — VT Code / Title 14 / Chapter 120 / Section 3414
§ 3414. Appropriation for expenditure or accumulation of endowment fund; rules of construction
Status: in_force

(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:

(1) the duration and preservation of the endowment fund;

(2) the purposes of the institution and the endowment fund;

(3) general economic conditions;

(4) the possible effect of inflation or deflation;

(5) the expected total return from income and the appreciation of investments;

(6) other resources of the institution; and

(7) the investment policy of the institution.

(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section, a gift instrument must specifically state the limitation.

(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income,” “interest,” “dividends,” or “rents, issues, or profits,” or “to preserve the principal intact,” or words of similar import:

(1) create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(2) do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section.
14 V.S.A. § 2753 — VT Code / Title 14 / Chapter 111 / Section 2753
§ 2753. Additional bond
Status: in_force

At any time the Probate Division of the Superior Court may require an additional bond of such guardian, to respond both principal and income, if the interest of the wards requires it.
14A V.S.A. § 301 — VT Code / Title 14A / Chapter 3 / Section 301
§ 301. Representation; basic effect
Status: in_force

(a) Notice to a person who may represent and bind another person under this chapter has the same effect as if notice were given directly to the other person.

(b) The consent of a person who may represent and bind another person under this chapter is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

(c) Except as otherwise provided in sections 411 and 602 of this title, a person who under this chapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
14 V.S.A. § 1611 — VT Code / Title 14 / Chapter 75 / Section 1611
§ 1611. Court may order personal and real estate sold
Status: in_force

The Probate Division of the Superior Court may order the sale of all or part of the personal or real estate of the estate when it appears necessary or beneficial for the administration of the estate.
14 V.S.A. § 2101 — VT Code / Title 14 / Chapter 101 / Section 2101
§ 2101. Probate bonds; amount; sureties; for whose benefit; to whom taken
Status: in_force

Bonds required to be taken by order of the Probate Division of the Superior Court shall be for such sum and with such surety or sureties as the court directs, except where the law otherwise prescribes. The bonds shall be for the security and benefit of all persons interested and shall be taken to the Probate Division of the Superior Court except where they are to be taken to the adverse party.
14 V.S.A. § 3115 — VT Code / Title 14 / Chapter 113 / Section 3115
§ 3115. Purchase of home for ward
Status: in_force

(a) The court may authorize the purchase of the entire fee simple title to real estate in this State in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or (if he or she is not a minor) as a home for his or her dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the Veterans' Administration and notice of hearing thereon shall be given such office as provided in the case of hearing on a guardian's account.

(b) Before authorizing such investment, the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his or her ward to bid for and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.
14 V.S.A. § 1065 — VT Code / Title 14 / Chapter 63 / Section 1065
§ 1065. Fees and expenses
Status: in_force

An executor or administrator shall be allowed necessary expenses in the care, management, and settlement of the estate and reasonable fees for services. When, by will, the deceased makes some other provisions for compensation to the executor, that shall be a full satisfaction for his or her services, unless, by a written instrument filed in the Probate Division of the Superior Court, the executor renounces all claim to the compensation provided by the will, or unless otherwise ordered by the court.
14A V.S.A. § 801 — VT Code / Title 14A / Chapter 8 / Section 801
§ 801. Duty to administer trust
Status: in_force

Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith in accordance with its terms and purposes and the interests of the beneficiaries and in accordance with this title.
14 V.S.A. § 4046 — VT Code / Title 14 / Chapter 127 / Section 4046
§ 4046. Taxes
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:

(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns; claims for refunds; requests for extension of time; petitions regarding tax matters; and any other tax-related documents, including receipts; offers; waivers; consents, including consents and agreements under Internal Revenue Code § 2032A, 26 U.S.C. § 2032A, as amended; closing agreements; and any power of attorney required by the Internal Revenue Service or other taxing authority, including an internal revenue service form 2848 in favor of any third party with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;

(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;

(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and

(4) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
14 V.S.A. § 3356 — VT Code / Title 14 / Chapter 118 / Section 3356
§ 3356. Obligation to pay money
Status: in_force

(a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on a bond or an obligation to pay money to the fiduciary shall be allocated to income.

(b) Except as provided in subsections (c) and (d) of this section, a fiduciary shall allocate to principal any gain or loss realized upon the sale or maturity of any bond or obligation to pay money to the fiduciary, regardless of how such bond or other obligation was acquired.

(c) A fiduciary shall allocate to income the difference between inventory value or cost and the amount realized upon sale or maturity, if greater, for bonds or other obligations that do not bear interest, regardless of how or when such bond or other obligation was acquired.

(d) For bonds or other obligations that are acquired by a fiduciary subsequent to the time the principal was established and whose cost is greater than their par or maturity value, the fiduciary shall amortize periodically out of income the premium paid and, upon sale or maturity, shall allocate to principal any gain or loss realized thereon.

(e) This section does not apply to a bond or other obligation to which section 3359, 3360, 3361, 3362, 3364, or 3365 of this title applies.
14 V.S.A. § 316 — VT Code / Title 14 / Chapter 42 / Section 316
§ 316. Allowances for surviving spouse and family during administration
Status: in_force

The Probate Division of the Superior Court may make reasonable allowance for the necessary expenses of support and maintenance of the surviving spouse and minor children or either, constituting the family of a decedent, out of the personal estate or the income of real or personal estate from date of death until settlement of the estate, but for no longer a period than until their shares in the estate are assigned to them or, in case of an insolvent estate, for not more than eight months after administration is granted. This allowance may take priority, in the discretion of the court, over debts of the estate.
14 V.S.A. § 2662 — VT Code / Title 14 / Chapter 111 / Section 2662
§ 2662. Permanent guardian; rights and obligations
Status: in_force

(a) A permanent guardian shall have parental rights and responsibilities for the child that include:

(1) Providing the child with:

(A) A healthy and safe living environment and daily care.

(B) Education.

(C) Necessary and appropriate health care, including medical, dental, and mental health care.

(2) Making decisions regarding:

(A) Travel.

(B) Management of the child's income and assets.

(C) The child's right to marry or enlist in the armed forces.

(D) Representation of the child in legal actions.

(E) Any other matter that involves the child's welfare and upbringing.

(b) The permanent guardian shall:

(1) Before appointment, expressly commit to remain the permanent guardian and assume the parental rights and responsibilities for the child for the duration of the child's minority.

(2) Be responsible to the court and the child for the health, education and welfare of the minor.

(3) Comply with all terms of any court order to provide the child's parent with visitation, contact or information.
14A V.S.A. § 1421 — VT Code / Title 14A / Chapter 14 / Section 1421
§ 1421. Need to distribute not required
Status: in_force

An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
14A V.S.A. § 907 — VT Code / Title 14A / Chapter 9 / Section 907
§ 907. Total return unitrusts
Status: in_force

(a) In this section:

(1) “Disinterested person” means a person who is not a “related or subordinate party” (as defined in Section 672(c) of the Internal Revenue Code of 1986, as in effect on the effective date of this title (referred to in this section as the “I.R.C.”)) with respect to the person then acting as trustee of the trust and excludes the settlor of the trust and any interested trustee.

(2) “Income trust” means a trust, created by either an inter vivos or a testamentary instrument, which directs or permits the trustee to distribute the net income of the trust to one or more persons, either in fixed proportions or in amounts or proportions determined by the trustee and regardless of whether the trust directs or permits the trustee to distribute the principal of the trust to one or more such persons.

(3) “Interested distributee” means a person to whom distributions of income or principal can currently be made who has the power to remove the existing trustee and designate as successor a person who may be a “related or subordinate party” (as defined in I.R.C. § 672(c)) with respect to such distributee.

(4) “Interested trustee” means any or all of the following:

(A) An individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed;

(B) Any trustee who may be removed and replaced by an interested distributee;

(C) An individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust.

(5) “Total return unitrust” means an income trust which has been converted under and meets the provisions of this section.

(6) “Settlor” means an individual who created an inter vivos or a testamentary trust.

(7) “Unitrust amount” means an amount computed as a percentage of the fair market value of the trust.

(b) A trustee, other than an interested trustee, or when two or more persons are acting as trustee, a majority of the trustees who are not an interested trustee (in either case referred to in this subsection as “trustee”), may, in its sole discretion and without the approval of the Probate Division of the Superior Court:

(1) Convert an income trust to a total return unitrust;

(2) Reconvert a total return unitrust to an income trust; or

(3) Change the percentage used to calculate the unitrust amount and the method used to determine the fair market value of the trust if:

(A) The trustee adopts a written policy for the trust providing:

(i) In the case of a trust being administered as an income trust, that future distributions from the trust will be unitrust amounts rather than net income;

(ii) In the case of a trust being administered as a total return unitrust, that future distributions from the trust will be net income rather than unitrust amounts; or

(iii) That the percentage used to calculate the unitrust amount and the method used to determine the fair market value of the trust will be changed as stated in the policy;

(B) The trustee sends written notice of its intention to take such action, along with copies of such written policy and this section, to:

(i) The settlor of the trust, if living;

(ii) All qualified beneficiaries; and

(iii) All persons acting as trust protectors or trust advisors of the trust;

(C) At least one person receiving such notice in each tier described in subdivision 103(13) of this title (first tier, second tier, and final beneficiaries) is legally competent; and

(D) No person receiving such notice objects, by written instrument delivered to the trustee, to the proposed action of the trustee within 30 days of receipt of such notice.

(c) If there is no trustee of the trust other than an interested trustee, the interested trustee or, when two or more persons are acting as trustee and are interested trustees, a majority of such interested trustees may, in its sole discretion and without the approval of the Probate Division of the Superior Court:

(1) Convert an income trust to a total return unitrust;

(2) Reconvert a total return unitrust to an income trust; or

(3) Change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust or both if:

(A) The trustee adopts a written policy for the trust providing:

(i) In the case of a trust being administered as an income trust, that future distributions from the trust will be unitrust amounts rather than net income;

(ii) In the case of a trust being administered as a total return unitrust, that future distributions from the trust will be net income rather than unitrust amounts; or

(iii) That the percentage used to calculate the unitrust amount and the method used to determine the fair market value of the trust will be changed as stated in the policy;

(B) The trustee appoints a disinterested person who, in its sole discretion but acting in a fiduciary capacity, determines for the trustee:

(i) The percentage to be used to calculate the unitrust amount;

(ii) The method to be used in determining the fair market value of the trust; and

(iii) Which assets, if any, are to be excluded in determining the unitrust amount;

(C) The trustee sends written notice of its intention to take such action, along with copies of such written policy and this section, and the determinations of the disinterested person to:

(i) The settlor of the trust, if living;

(ii) All qualified beneficiaries; and

(iii) All persons acting as trust protector or trust advisor of the trust;

(D) At least one person receiving such notice in each tier described in subdivision 103(13) of this title (first tier, second tier, and final beneficiaries) is legally competent; and

(E) No person receiving such notice objects, by written instrument delivered to the trustee, to the proposed action or the determinations of the disinterested person within 30 days of receipt of such notice.

(d) A trustee who desires to: convert an income trust to a total return unitrust, reconvert a total return unitrust to an income trust, or change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust but does not have the ability or elects not to do it under the provisions of subsection (b) or (c) of this section, the trustee may petition the Probate Division of the Superior Court for such order as the trustee deems appropriate. If there is only one trustee of such trust and such trustee is an interested trustee or in the event there are two or more trustees of such trust and a majority of them are interested trustees, the Probate Division of the Superior Court, in its own discretion or on the petition of such trustee or trustees or any person interested in the trust, may appoint a disinterested person who, acting in a fiduciary capacity, shall present such information to the Probate Division of the Superior Court as shall be necessary to enable the Probate Division of the Superior Court to make its determinations hereunder.

(e) The fair market value of the trust shall be determined at least annually, using such valuation date or dates or averages of valuation dates as are deemed appropriate. Assets for which a fair market value cannot be readily ascertained shall be valued using such valuation methods as are deemed reasonable and appropriate. Assets used by a trust beneficiary, such as a residence property or tangible personal property, may be excluded from fair market value for computing the unitrust amount.

(f) The percentage to be used in determining the unitrust amount shall be a reasonable current return from the trust, in any event not less than three percent nor more than five percent, taking into account the intentions of the settlor of the trust as expressed in the governing instrument, the needs of the beneficiaries, general economic conditions, projected current earnings and appreciation for the trust, and projected inflation and its impact on the trust.

(g) A trustee may act pursuant to subsection (b) or (c) of this section with respect to a trust for which both income and principal have been permanently set aside for charitable purposes under the governing instrument and for which a federal estate or gift tax deduction has been taken, provided that:

(1) Instead of sending written notice as provided in subsection (b) or (c) of this section, the trustee shall send such written notice to the named charity or charities then entitled to receive income of the trust and, if no named charity or charities are entitled to receive all of such income, to the Attorney General of this State;

(2) Subdivision (b)(3)(C) or (c)(3)(D) of this section (relating to legal competence of qualified beneficiaries), as the case may be, shall not apply to such action; and

(3) In each taxable year, the trustee shall distribute the greater of the unitrust amount or the amount required by I.R.C. § 4942.

(h) Following the conversion of an income trust to a total return unitrust, the trustee:

(1) shall consider the unitrust amount as paid from net accounting income determined as if the trust were not a unitrust;

(2) shall then consider the unitrust amount as paid from ordinary income not allocable to net accounting income;

(3) after calculating the trust's capital gain net income described in I.R.C. § 1222(9), may consider the unitrust amount as paid from net short-term capital gain described in I.R.C. § 1222(5) and then from net long-term capital gain described in I.R.C. § 1222(7); and

(4) shall then consider the unitrust amount as coming from the principal of the trust.

(i) In administering a total return unitrust, the trustee may, in its sole discretion but subject to the provisions of the governing instrument, determine:

(1) the effective date of the conversion;

(2) the timing of distributions (including provisions for prorating a distribution for a short year in which a beneficiary's right to payments commences or ceases);

(3) whether distributions are to be made in cash or in kind or partly in cash and partly in kind;

(4) if the trust is reconverted to an income trust, the effective date of such reconversion; and

(5) such other administrative issues as may be necessary or appropriate to carry out the purposes of this section.

(j) Conversion to a total return unitrust under the provisions of this section shall not affect any other provision of the governing instrument, if any, regarding distributions of principal.

(k) In the case of a trust for which a marital deduction has been taken for federal tax purposes under I.R.C. § 2056 or § 2523, the spouse otherwise entitled to receive the net income of the trust shall have the right, by written instrument delivered to the trustee, to compel the reconversion during that spouse's lifetime of the trust from a total return unitrust to an income trust, notwithstanding anything in this section to the contrary.

(l) This section shall be construed as pertaining to the administration of a trust and shall be available to any trust that is administered in Vermont under Vermont law or to any trust, regardless of its place of administration, whose governing instrument provides that Vermont law governs matters of construction or administration unless:

(1) The governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust;

(2) The trust is a pooled income fund described in I.R.C. § 642(c)(5) or a charitable-remainder trust described in I.R.C. § 664(d);

(3) The governing instrument expressly prohibits use of this section by specific reference to the section or expressly states the settlor's intent that net income not be calculated as a unitrust amount. A provision in the governing instrument that “The provisions of section 907 of this title, as amended, or any corresponding provision of future law, shall not be used in the administration of this trust” or “My trustee shall not determine the distributions to the income beneficiary as a unitrust amount” or similar words reflecting such intent shall be sufficient to preclude the use of this section.

(m) Any trustee or disinterested person who in good faith takes or fails to take any action under this section shall not be liable to any person affected by such action or inaction, regardless of whether such person received written notice as provided in this section and regardless of whether such person was under a legal disability at the time of the delivery of such notice. Such person's exclusive remedy shall be to obtain an order of the Probate Division of the Superior Court directing the trustee to convert an income trust to a total return unitrust, to reconvert from a total return unitrust to an income trust, or to change the percentage used to calculate the unitrust amount.
14 V.S.A. § 1658 — VT Code / Title 14 / Chapter 75 / Section 1658
§ 1658. Death, resignation, or removal of fiduciary; new license
Status: in_force

In case of the death, resignation, or removal of an executor or administrator before the completion of a sale of real estate under a license granted by the Probate Division of the Superior Court, on motion at any time within two years after issuing a prior license, the court may issue a new license to the successor fiduciary without further notice or hearing.
14A V.S.A. § 1308 — VT Code / Title 14A / Chapter 13 / Section 1308
§ 1308. Duty and liability of trust director
Status: in_force

(a) Subject to subsection (b) of this section, with respect to a power of direction or further power under subdivision 1306(b)(1) of this title:

(1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:

(A) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or

(B) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and

(2) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.

(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this chapter to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this chapter.

(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
14 V.S.A. § 1734 — VT Code / Title 14 / Chapter 77 / Section 1734
§ 1734. Partition when ownership has changed
Status: in_force

Partition of real estate may be made although some of the original heirs or devisees have conveyed their shares to other persons. The shares shall be set out to the persons holding the same, as they would have been to the heirs or devisees.
14 V.S.A. § 1853 — VT Code / Title 14 / Chapter 80 / Section 1853
§ 1853. Administration
Status: in_force

(a) Administration of an estate under this chapter may be completed upon the court's approval of the executor's or administrator's affidavit of administration. Unless extended by the court, the affidavit shall be filed not less than six months or more than one year after the date of appointment of the executor or administrator.

(b)(1) The affidavit of administration shall state that to the best of the knowledge and belief of the executor or administrator:

(A) there are no outstanding expenses of administration, or unpaid or unsatisfied debts, obligations, or claims attributable to the decedent's estate; and

(B) no taxes are due to the State of Vermont, and tax clearance has been received from the Department of Taxes.

(2) If the executor or administrator fails to file the affidavit of administration within the time prescribed by subsection (a) of this section, the executor or administrator shall be in default. If he or she fails to file the affidavit or a request for additional time within 15 days after receiving notice of default, the court may impose sanctions it deems appropriate, including an order that waiver of administration is no longer available. The court shall provide notice of the default to the executor or administrator by first-class mail or other means allowed by the Rules of Probate Procedure.
14 V.S.A. § 334 — VT Code / Title 14 / Chapter 42 / Section 334
§ 334. Afterborn and omitted child; from what part of estate share taken
Status: in_force

When a share of a testator's estate is assigned to a child born after the making of a will, or to a child or the descendant of a child omitted in the will, the share shall be taken first from the estate not disposed of by the will, if there is any. If that is not sufficient, so much as is necessary shall be taken from the devisees or legatees in proportion to the value of the estate they respectively receive under the will. If the obvious intention of the testator, as to some specific devise, legacy, or other provision in the will, would thereby be defeated, the specific devise, legacy, or provision may be exempted from the apportionment and a different apportionment adopted in the discretion of the court.
14 V.S.A. § 3362 — VT Code / Title 14 / Chapter 118 / Section 3362
§ 3362. Timber
Status: in_force

(a) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts:

(1) to income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest;

(2) to principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;

(3) to or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in subdivision (1) and (2) of this subsection; or

(4) to principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to subdivision (1), (2), or (3) of this subsection.

(b) In determining net receipts to be allocated pursuant to subsection (a) of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion.

(c) This chapter applies whether or not a decedent or transferor was harvesting timber from the property before it become subject to the trust.

(d) If a trust owns an interest in timberland on July 1, 2012, the trustee may allocate net receipts from the sale of timber and related products as provided in this chapter or in the manner used by the trustee before July 1, 2012. If the trust acquires an interest in timberland after July 1, 2012, the trustee shall allocate net receipts from the sale of timber and related products as provided in this chapter.
14 V.S.A. § 3095 — VT Code / Title 14 / Chapter 111 / Section 3095
§ 3095. Statistics to be maintained
Status: in_force

The Office of Public Guardian shall maintain annual statistics concerning the public guardianship program. The statistics shall include at least the following:

(1) The number of wards for which the Office of Public Guardian was appointed during the year for each planning service area served by the area agencies on aging.

(2) The dates on which the Office was appointed by the Probate Division of the Superior Court during the year.

(3) The number of guardianships carried over from the preceding year.

(4) The date of termination of each guardianship terminated during the period.

(5) The disposition of each guardianship terminated.
14 V.S.A. § 3354 — VT Code / Title 14 / Chapter 118 / Section 3354
§ 3354. Principal receipts
Status: in_force

A trustee shall allocate to principal:

(1) to the extent not allocated to income under this chapter, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest, or a payer under a contract naming the trust or its trustee as beneficiary;

(2) money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to this chapter;

(3) amounts recovered from third parties to reimburse the trust because of disbursements described in subdivision 3372(a)(7) of this title or for other reasons to the extent not based on the loss of income;

(4) proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;

(5) net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and

(6) other receipts as provided in sections 3358-3365 of this title.
14A V.S.A. § 401 — VT Code / Title 14A / Chapter 4 / Section 401
§ 401. Methods of creating trust
Status: in_force

A trust may be created:

(1) by transfer of property to another person as trustee or to the trust in the trust's name during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;

(2) by declaration by the owner of property that the owner holds identifiable property as trustee;

(3) by exercise of a power of appointment in favor of a trustee;

(4) pursuant to a statute or judgment or decree that requires property to be administered in the manner of an express trust; or

(5) by an agent or attorney-in-fact under a power of attorney that expressly grants authority to create the trust.
14A V.S.A. § 1104 — VT Code / Title 14A / Chapter 11 / Section 1104
§ 1104. No duty to review actions of trustee, trust advisor, or trust protector
Status: in_force

(a) Whenever, pursuant to the terms of a trust, an agreement of the qualified beneficiaries authorized by the terms of the trust, or a court order, an excluded fiduciary is to follow the direction of a trustee, trust advisor, or trust protector with respect to investment decisions, distribution decisions, or other decisions of the non-excluded fiduciary, then, except to the extent that the terms of the trust, the agreement of the qualified beneficiaries, or the court order provide otherwise, the excluded fiduciary shall have no duty to:

(1) monitor the conduct of the trustee, trust advisor, or trust protector;

(2) provide advice to the trustee, trust advisor, or trust protector or consult with the trustee, trust advisor, or trust protector; or

(3) communicate with or warn or apprise any beneficiary or third party concerning instances in which the excluded fiduciary would or might have exercised the excluded fiduciary's own discretion in a manner different from the manner directed by the trustee, trust advisor, or trust protector.

(b) Absent clear and convincing evidence to the contrary, the actions of the excluded fiduciary pertaining to matters within the scope of the trustee's, trust advisor's, or trust protector's authority including confirming that the trustee's, trust advisor's, or trust protector's directions have been carried out, recording and reporting actions taken at the trustee's, trust advisor's, or trust protector's direction, or taking action pursuant to section 813 of this title, shall be presumed to be administrative actions taken by the excluded fiduciary solely to allow the excluded fiduciary to perform those duties assigned to the excluded fiduciary under the terms of the trust, the agreement of the qualified beneficiaries, or the court order, and such administrative actions shall not be deemed to constitute an undertaking by the excluded fiduciary to monitor the trustee, trust advisor, or trust protector or otherwise participate in actions within the scope of the trustee's, trust advisor's, or trust protector's authority.
14 V.S.A. § 2795 — VT Code / Title 14 / Chapter 111 / Section 2795
§ 2795. Commitment for disobedience; examination
Status: in_force

If the person so cited does not appear and submit to examination, or answer lawful interrogatories, the Probate Division of the Superior Court may issue a warrant committing the person to the custody of the Commissioner of Corrections until compliance is given. Interrogatories shall be in writing, signed by the party examined, and filed in the court.
14A V.S.A. § 905 — VT Code / Title 14A / Chapter 9 / Section 905
§ 905. Reviewing compliance
Status: in_force

Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.
14 V.S.A. § 1061 — VT Code / Title 14 / Chapter 63 / Section 1061
§ 1061. When not accountable for debts due
Status: in_force

An executor or administrator shall not be accountable for debts due the deceased if it appears that they remain uncollected without his or her fault.
14A V.S.A. § 1411 — VT Code / Title 14A / Chapter 14 / Section 1411
§ 1411. Decanting power under expanded distributive discretion
Status: in_force

(a) As used in this section:

(1) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficiary if any person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary's estate.

(2) “Presumptive remainder beneficiary” means a qualified beneficiary other than a current beneficiary.

(3) “Successor beneficiary” means a beneficiary that is not a qualified beneficiary on the date the beneficiary's qualification is determined. The term does not include a person that is a beneficiary only because the person holds a nongeneral power of appointment.

(4) “Vested interest” means:

(A) a right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power;

(B) a current and noncontingent right, annually or more frequently, to a mandatory distribution of income, a specified dollar amount, or a percentage of value of some or all of the trust property;

(C) a current and noncontingent right, annually or more frequently, to withdraw income, a specified dollar amount, or a percentage of value of some or all of the trust property;

(D) a presently exercisable general power of appointment; or

(E) a right to receive an ascertainable part of the trust property on the trust's termination that is not subject to the exercise of discretion or to the occurrence of a specified event that is not certain to occur.

(b) Subject to subsection (c) of this section and section 1414 of this title, an authorized fiduciary that has expanded distributive discretion over the principal of a first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.

(c) Subject to section 1413 of this title, in an exercise of the decanting power under this section, a second trust shall not:

(1) include as a current beneficiary a person who is not a current beneficiary of the first trust, except as otherwise provided in subsection (d) of this section;

(2) include as a presumptive remainder beneficiary or successor beneficiary a person who is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust, except as otherwise provided in subsection (d) of this section; or

(3) reduce or eliminate a vested interest.

(d) Subject to subdivision (c)(3) of this section and section 1414 of this title, in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and may:

(1) retain a power of appointment granted in the first trust;

(2) omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment;

(3) create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to the beneficiary; and

(4) create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary.

(e) A power of appointment described in subdivisions (d)(1)–(4) of this section may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than or different from the beneficiaries of the first trust.

(f) If an authorized fiduciary has expanded distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has expanded distributive discretion.
14 V.S.A. § 4040 — VT Code / Title 14 / Chapter 127 / Section 4040
§ 4040. Insurance and annuities
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:

(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;

(2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents and select the amount, type of insurance or annuity, and mode of payment;

(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;

(4) apply for and receive a loan secured by a contract of insurance or annuity;

(5) surrender and receive the cash surrender value on a contract of insurance or annuity;

(6) exercise an election;

(7) exercise investment powers available under a contract of insurance or annuity;

(8) change the manner of paying premiums on a contract of insurance or annuity;

(9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;

(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;

(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;

(12) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and

(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
14 V.S.A. § 332 — VT Code / Title 14 / Chapter 42 / Section 332
§ 332. Share of afterborn child
Status: in_force

When a child of a testator is born after the making of a will and provision is not made in the will for that child, he or she shall have the same share in the estate of the testator as if the testator had died intestate unless it is apparent from the will that it was the intention of the testator that provision should not be made for the child.
14 V.S.A. § 3332 — VT Code / Title 14 / Chapter 118 / Section 3332
§ 3332. Distribution to residuary and remainder beneficiaries
Status: in_force

(a) Each beneficiary described in subdivision 3331(4) of this title is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the beneficiary's fractional interest in the net income the fiduciary has received after the date of death or terminating event or earlier distribution date, but has not distributed as of the current distribution date.

(b) In determining a beneficiary's share of net income, the following rules apply:

(1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.

(2) The beneficiary's fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts.

(3) The beneficiary's fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.

(4) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.

(c) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

(d) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset.
14 V.S.A. § 1068 — VT Code / Title 14 / Chapter 63 / Section 1068
§ 1068. Surety may intervene and appeal
Status: in_force

Upon the settlement of the account of an executor, administrator, or other person, a person liable as surety in respect to the account, upon motion, may intervene as a party and may appeal as provided in other cases of appeals from the decision of the Probate Division of the Superior Court. Before the appeal is allowed, the surety shall give a bond to secure the principal from damages and costs and to secure the intervening damages and costs to the adverse party.
14 V.S.A. § 3342 — VT Code / Title 14 / Chapter 118 / Section 3342
§ 3342. Apportionment of receipts and disbursements when decedent dies or income interest begins
Status: in_force

(a) A trustee shall allocate an income receipt or disbursement other than one to which subdivision 3331(1) of this title applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.

(b) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income.

(c) An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an entity to which section 3351 of this title applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals.
14 V.S.A. § 2634 — VT Code / Title 14 / Chapter 111 / Section 2634
§ 2634. Department for Children and Families policy
Status: in_force

The Department for Children and Families shall adopt a policy defining its role with respect to families who establish a guardianship under this article. The policy shall be consistent with the following principles:

(1) The Family Services Division shall maintain a policy ensuring that when a child must be removed from his or her home to ensure the child's safety, the Division will pursue a CHINS procedure promptly if there are sufficient grounds under 33 V.S.A. § 5102.

(2) When the Family Services Division is conducting an investigation or assessment related to child safety and the child may be a child in need of care and supervision as defined in 33 V.S.A. § 5102(3), the Division shall not make any recommendation regarding whether a family should pursue a minor guardianship. The staff may provide referrals to community-based resources for information regarding minor guardianships.

(3) In response to a request from the Probate judge, the Family Services Division social worker shall attend a minor guardianship hearing and provide information relevant to the proceeding.

(4) If a minor guardianship is established during the time that the Family Services Division has an open case involving the minor, the social worker shall inform the guardian and the parents about services and supports available to them in the community and shall close the case within a reasonable time unless a specific safety risk is identified.
14 V.S.A. § 3067 — VT Code / Title 14 / Chapter 111 / Section 3067
§ 3067. Evaluation and report; background check; release of evaluation
Status: in_force

(a) When a petition is filed pursuant to section 3063 of this title, or when a motion for modification or termination is filed pursuant to subdivision 3077(a)(4) of this title, the court shall order an evaluation of the respondent. Except as otherwise provided in this subsection, the cost of the evaluation shall be paid for out of the respondent's estate or as ordered by the court. If the respondent is unable to afford some or all of the cost of the evaluation without expending income or liquid resources necessary for living expenses, the court shall order that the Department of Mental Health or the Department of Disabilities, Aging, and Independent Living provide the evaluation through qualified evaluators.

(b) The evaluation shall be performed by someone who has specific training and demonstrated competence to evaluate a person in need of guardianship. The evaluation shall be completed within 30 days of the filing of the petition with the court unless the time period is extended by the court for cause.

(c) The evaluation shall:

(1) describe the nature and degree of the respondent's disability, if any, and the level of the respondent's intellectual, developmental, and social functioning;

(2) contain recommendations, with supporting data, regarding:

(A) those aspects of his or her personal care and financial affairs that the respondent can manage without supervision or assistance;

(B) those aspects of his or her personal care and financial affairs that the respondent could manage with the supervision or assistance of support services and benefits;

(C) those aspects of his or her personal care and financial affairs that the respondent is unable to manage without the supervision of a guardian;

(D) those powers and duties as set forth in sections 3069 and 3071 of this title that should be given to the guardian, including the specific support services and benefits that should be obtained by the guardian for the respondent.

(d) The proposed guardian shall provide the court with the information and consents necessary for a complete background check. Not more than 14 days after receipt of an evaluation supporting guardianship of the respondent, the court shall order from the respective registries background checks of the proposed guardian from any available State registries, including the Adult Abuse Registry, Child Abuse Registry, Vermont Crime Information Center, and the Vermont State Sex Offender Registry, and the court shall consider information received from the registries in determining whether the proposed guardian is suitable. However, if appropriate under the circumstances, the court may waive the background reports or may proceed with appointment of a guardian prior to receiving the background reports, provided that the court may remove a guardian if warranted by background reports that the court receives after the guardian's appointment. If the proposed guardian has lived in Vermont for fewer than five years or is a resident of another state, the court may order background checks from the respective state registries of the states in which the proposed guardian lives or has lived in the past five years or from any other source. The court shall provide copies of background check reports to the petitioner, the respondent, and the respondent's attorney.

(e) Regardless of whether the report of the evaluator supports or does not support guardianship, the court shall provide a copy of the evaluation to the respondent, the respondent's attorney, the petitioner, the guardian upon appointment, and any other individual, including the proposed guardian, determined by the court to have a strong interest in the welfare of the respondent. The evaluation shall remain confidential, and recipients of the evaluation are prohibited from sharing the evaluation. Notwithstanding the foregoing, the court may restrict access to the evaluation or portions of the evaluation upon objection by one of the parties or on the court's own motion.
14 V.S.A. § 1452 — VT Code / Title 14 / Chapter 71 / Section 1452
§ 1452. When actions for personal injury survive
Status: in_force

In an action for the recovery of damages for a bodily hurt or injury, occasioned to the plaintiff by the act or default of the defendant or defendants, if either party dies during the pendency of the action, the action shall survive and may be prosecuted to final judgment by or against the executors or administrators of the deceased party. When there are several defendants in the action, and one or more, but not all, die, it shall be prosecuted against the surviving defendant or defendants, and against the estate of the deceased defendant or defendants.
14 V.S.A. § 3153 — VT Code / Title 14 / Chapter 114 / Section 3153
§ 3153. International application of act
Status: in_force

A court of this State may treat a foreign country as if it were a state for the purpose of applying this subchapter and subchapters 2, 3, and 5 of this chapter.
14 V.S.A. § 3564 — VT Code / Title 14 / Chapter 125 / Section 3564
§ 3564. Disclosure of digital assets to guardian of person under guardianship
Status: in_force

(a) After an opportunity for a hearing under 14 V.S.A. § 3068, the court may grant a guardian access to the digital assets of a person under guardianship.

(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a person under guardianship, and any digital assets other than the content of electronic communications in which the person under guardianship has a right or interest, if the guardian gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the court order that gives the guardian authority over the digital assets of the person under guardianship; and

(3) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person under guardianship; or

(B) evidence linking the account to the person under guardianship.

(c) A guardian with general authority to manage the assets of a person under guardianship may request a custodian of the digital assets of the person under guardianship to suspend or terminate an account of the person under guardianship for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the guardian authority over the protected person's property.
14 V.S.A. § 4016 — VT Code / Title 14 / Chapter 127 / Section 4016
§ 4016. Judicial relief
Status: in_force

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:

(1) the principal or the agent;

(2) a guardian or other fiduciary acting for the principal, including an executor or administrator of the estate of a deceased principal;

(3) a person authorized to make health-care decisions for the principal;

(4) the principal's spouse, parent, or descendant;

(5) an individual who would qualify as an heir of the principal under the laws of intestacy;

(6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal who has a financial interest in the principal's estate;

(7) a governmental agency having regulatory authority to protect the welfare of the principal;

(8) the principal's caregiver or another person who demonstrates sufficient interest in the principal's welfare; and

(9) a person asked to accept the power of attorney.

(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
14 V.S.A. § 3064 — VT Code / Title 14 / Chapter 111 / Section 3064
§ 3064. Notice of petition and hearing
Status: in_force

(a) Upon the filing of the petition, the Probate Division of the Superior Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.

(b) The hearing shall be held not less than 15 nor more than 30 days after the filing with the court of the evaluation required by section 3067 of this title. The hearing may be continued for good cause shown for not more than 15 additional days.
14 V.S.A. § 3096 — VT Code / Title 14 / Chapter 111 / Section 3096
§ 3096. Office of Public Guardian to offer assistance
Status: in_force

(a) The Office of Public Guardian may provide assistance to private guardians:

(1) To help them understand the disabilities of the person under guardianship.

(2) To help them foster increased independence on the part of the person under guardianship.

(3) With the preparation and revision of guardianship plans and reports.

(4) On ways to secure rights, benefits, and services to which the persons under guardianship are entitled.

(b) The Office shall:

(1) Develop public education programs on guardianship and alternatives to guardianship.

(2) Encourage individuals in the private sector to serve as guardians.

(3) Prepare and make available, at no charge, a booklet which describes the duties of a guardian.
14 V.S.A. § 905 — VT Code / Title 14 / Chapter 61 / Section 905
§ 905. Appeal to the Civil Division of the Superior Court
Status: in_force

If any person appeals to the Civil Division of the Superior Court an order appointing an executor or administrator and the appeal is sustained, the Civil Division of the Superior Court shall appoint another suitable person as executor or administrator, and certify the judgment and subsequent appointment to the Probate Division of the Superior Court. The Probate Division shall set bond and, after the required bond is filed by the executor or administrator, grant letters of administration.
14 V.S.A. § 4001 — VT Code / Title 14 / Chapter 127 / Section 4001
§ 4001. Short title
Status: in_force

This chapter may be cited as the Vermont Uniform Power of Attorney Act.
14A V.S.A. § 1302 — VT Code / Title 14A / Chapter 13 / Section 1302
§ 1302. Definitions
Status: in_force

As used in this chapter:

(1) “Breach of trust” means a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this chapter, or law of this State other than this chapter pertaining to trusts.

(2) “Directed trust” means a trust for which the terms of the trust grant a power of direction.

(3) “Directed trustee” means a trustee that is subject to a trust director's power of direction.

(4) “Person” means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.

(5) “Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in subsection 1305(b) of this title.

(6) “Settlor” has the same meaning as in subdivision 103(20) of this title.

(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.

(8) “Terms of a trust” means:

(A) except as otherwise provided in subdivision (B) of this subdivision (8), the manifestation of the settlor's intent regarding a trust's provisions as:

(i) expressed in the trust instrument; or

(ii) established by other evidence that would be admissible in a judicial proceeding; or

(B) the trust's provisions as established, determined, or amended by:

(i) a trustee or trust director in accordance with applicable law;

(ii) a court order; or

(iii) a nonjudicial settlement agreement under section 111 of this title.

(9) “Trust director” means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.

(10) “Trustee” has the same meaning as in subdivision 103(20) of this title.
14A V.S.A. § 107 — VT Code / Title 14A / Chapter 1 / Section 107
§ 107. Governing law
Status: in_force

The meaning and effect of the terms of a trust are determined by:

(1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or

(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
14 V.S.A. § 3106 — VT Code / Title 14 / Chapter 113 / Section 3106
§ 3106. Evidence of necessity for guardian of infant
Status: in_force

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his or her authorized representative, setting forth the age of such minor as shown by the records of the Veterans' Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any monies due the minor by the Veterans' Administration shall be prima facie evidence of the necessity for such appointment.
14 V.S.A. § 1902 — VT Code / Title 14 / Chapter 81 / Section 1902
§ 1902. Letters of administration, small estates, notice
Status: in_force

(a) When a small estate is commenced pursuant to section 1901 of this title:

(1) If the decedent had a will, the will shall be admitted and letters of administration shall be issued as provided in section 902 of this title.

(2) If the decedent did not have a will, letters of administration shall be issued as provided in section 903 of this title.

(b) Within 60 days after the issuance of letters of administration, and at any time thereafter if deemed necessary by the fiduciary, the fiduciary shall confirm, correct, or supplement the inventory filed with the petition.

(c) Letters of administration issued pursuant to this section shall be effective for one year after the date of issuance. The court may extend the one-year duration upon motion of the fiduciary for good cause shown.
14 V.S.A. § 1956 — VT Code / Title 14 / Chapter 83 / Section 1956
§ 1956. Remedy not exclusive
Status: in_force

This chapter does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other provisions of law.
14 V.S.A. § 1203 — VT Code / Title 14 / Chapter 66 / Section 1203
§ 1203. Limitations on presentation of claims
Status: in_force

(a) All claims against a decedent's estate that arose before the death of the decedent, including claims of the State and any subdivision thereof except claims filed by the State on behalf of Vermont Medicaid, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, except claims for the possession of or title to real estate and claims for injury to the person and damage to property suffered by the act or default of the deceased, if not barred earlier by other statute of limitations, are barred against the estate, the executor or administrator, and the heirs and devisees of the decedent, unless presented as follows:

(1) within four months after the date of the first publication of notice to creditors if notice is given in compliance with the Rules of Probate Procedure; provided, however, that claims barred by the nonclaim statute of the decedent's domicile before the first publication for claims in this State are also barred in this State;

(2) within one year after the decedent's death if notice to creditors has not been published or otherwise given as provided by the Rules of Probate Procedure.

(b) All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the executor or administrator, and the heirs and devisees of the decedent, unless presented as follows:

(1) a claim based on a contract with the executor or administrator, within four months after performance by the executor or administrator is due;

(2) any other claim, within four months after it arises.

(c) Nothing in this section affects or prevents:

(1) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;

(2) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the executor or administrator for which he or she is protected by liability insurance; or

(3) the enforcement of any tax liability.

(d) Claims filed by the State on behalf of Vermont Medicaid must be presented within four months after the date of the first publication of notice to creditors if notice is given in compliance with the Rules of Probate Procedure, regardless of the date of the decedent's death or when a decedent's executor or administrator opens the estate.
14 V.S.A. § 3420 — VT Code / Title 14 / Chapter 120 / Section 3420
§ 3420. Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
14 V.S.A. § 2794 — VT Code / Title 14 / Chapter 111 / Section 2794
§ 2794. Citation of person suspected of embezzling or secreting
Status: in_force

If a guardian, ward, creditor or heir apparent of a ward files a motion complaining to the Probate Division of the Superior Court that a person is suspected of having concealed, embezzled, or conveyed away money, goods, or chattels of the ward, or that such person has possession or knowledge of deeds or other writings that would furnish evidence of a right, title, interest, or claim of the ward in or to real or personal estate, the court may cite that person to appear before it to be examined on oath upon the matter.
14 V.S.A. § 4002 — VT Code / Title 14 / Chapter 127 / Section 4002
§ 4002. Definitions
Status: in_force

As used in this chapter:

(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated.

(2) “Durable,” with respect to a power of attorney, means not terminated by the principal's incapacity or unavailability.

(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(4) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(5) “General power of attorney” means a power of attorney that is not limited by its terms to a specified transaction or series of transactions, to a specific purpose, or to a specific asset or set of assets, or a power of attorney that grants an agent the authority to do any one or more of the acts described in subsection 4031(e) of this title.

(6) “Good faith” means honesty in fact.

(7)(A) “Incapacity” means the inability of an individual to manage property or business affairs because the individual has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance.

(B) “Unavailability” means the inability of an individual to manage property or business affairs because the individual is:

(i) missing;

(ii) detained, including incarcerated in a penal system; or

(iii) outside the United States and unable to return.

(8) “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.

(9) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.

(10) “Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.

(11) “Principal” means an individual who grants authority to an agent in a power of attorney.

(12) “Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.

(13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) “Sign” means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic sound, symbol, or process.

(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16) “Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.
14 V.S.A. § 3151 — VT Code / Title 14 / Chapter 114 / Section 3151
§ 3151. Short title
Status: in_force

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
14 V.S.A. § 2641 — VT Code / Title 14 / Chapter 111 / Section 2641
§ 2641. Parents as joint guardians
Status: in_force

If competent, the father and mother of a legitimate minor child shall be joint guardians of such child. If competent, the surviving parent shall be the sole guardian.
14 V.S.A. § 113 — VT Code / Title 14 / Chapter 3 / Section 113
§ 113. Wills allowed out of state-Generally
Status: in_force

A will allowed in any other state, or in a foreign country, according to the laws of that state or country, may be the subject of ancillary administration in the Probate Division of the Superior Court.
14 V.S.A. § 3562 — VT Code / Title 14 / Chapter 125 / Section 3562
§ 3562. Disclosure of contents of electronic communications held in trust when trustee not original user
Status: in_force

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust, if the trustee gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the trust instrument or a certification of the trust under 14A V.S.A. § 1013 that includes consent to disclosure of the content of electronic communications to the trustee;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(B) evidence linking the account to the trust.
14 V.S.A. § 4011 — VT Code / Title 14 / Chapter 127 / Section 4011
§ 4011. Co-agents and successor agents
Status: in_force

(a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.

(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated or unavailable, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:

(1) has the same authority as that granted to the original agent; and

(2) may not act until all predecessor agents have resigned, died, become incapacitated or unavailable, are no longer qualified to serve, or have declined to serve.

(c) Except as otherwise provided in the power of attorney and subsection (d) of this section, an agent who does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

(d) An agent who has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated or unavailable, take any action reasonably appropriate in the circumstances to safeguard the principal's best interests. An agent who fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
14A V.S.A. § 414 — VT Code / Title 14A / Chapter 4 / Section 414
§ 414. Modification or termination of uneconomic trust
Status: in_force

(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $100,000.00 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.

(b) The Probate Division of the Superior Court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.

(c) Upon termination of a trust under this section, the trustee shall distribute the trust property as directed by the Probate Division of the Superior Court or otherwise in a manner consistent with the purposes of the trust.

(d) This section does not apply to an easement for conservation or preservation.
14A V.S.A. § 901 — VT Code / Title 14A / Chapter 9 / Section 901
§ 901. Prudent investor rule
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this chapter.

(b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.
14A V.S.A. § 902 — VT Code / Title 14A / Chapter 9 / Section 902
§ 902. Standard of care; portfolio strategy; risk and return objectives
Status: in_force

(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

(b) A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.

(c) Among circumstances that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries:

(1) general economic conditions;

(2) the possible effect of inflation or deflation;

(3) the expected tax consequences of investment decisions or strategies;

(4) the role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;

(5) the expected total return from income and the appreciation of capital;

(6) other resources of the beneficiaries;

(7) needs for liquidity, regularity of income, and preservation or appreciation of capital; and

(8) an asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.

(d) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.

(e) A trustee may invest in any kind of property or type of investment consistent with the standards of this chapter.
14 V.S.A. § 903 — VT Code / Title 14 / Chapter 61 / Section 903
§ 903. Administration; to whom granted
Status: in_force

If an executor is not named in the will, or if a person dies intestate, appointments to administer the estate may be made in the following manner:

(1) To the surviving spouse or next of kin, or both, or the person nominated by the surviving spouse or next of kin.

(2) If the surviving spouse or next of kin or the person nominated by them is unsuitable, or if the surviving spouse or the next of kin does not within a reasonable period of time after the death of the person apply for letters of administration or nominate another person to whom letters of administration may be granted, the court may grant letters of administration to one or more of the principal creditors, if competent and willing to serve.

(3) If there is not a creditor who is competent and willing to serve, letters of administration may be issued to another person appointed by the Probate Division of the Superior Court in its discretion.

(4) If the appointment is to enable a quiet title action or another action to clear title to lands, the court may appoint a suitable person as the administrator for that purpose upon application of the reputed owner of the land formerly owned by the decedent.
14 V.S.A. § 2693 — VT Code / Title 14 / Chapter 111 / Section 2693
§ 2693. Married woman may be guardian
Status: in_force

A married woman may be appointed guardian of her husband or of any other person under the provisions of this chapter and, when so appointed, shall have the same rights, powers, and privileges and be subject to the same liabilities as if she were unmarried.
14A V.S.A. § 1404 — VT Code / Title 14A / Chapter 14 / Section 1404
§ 1404. Fiduciary duty
Status: in_force

(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.

(b) This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter.

(c) Except as otherwise provided in a first-trust instrument, for purposes of this chapter and section 801 and subsection 802(a) of this title, the terms of the first trust are deemed to include the decanting power.
14A V.S.A. § 709 — VT Code / Title 14A / Chapter 7 / Section 709
§ 709. Reimbursement of expenses
Status: in_force

(a) A trustee is entitled to be reimbursed out of the trust property, with reasonable interest as appropriate, for:

(1) expenses that were properly incurred in the administration of the trust; and

(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.

(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
14 V.S.A. § 3077 — VT Code / Title 14 / Chapter 111 / Section 3077
§ 3077. Termination and modification of guardianship
Status: in_force

(a) A person under guardianship or any person interested in the welfare of the person under guardianship may file a motion for termination or modification of the guardianship. Grounds for the termination or modification of the guardianship shall include:

(1) the death of the guardian;

(2) the failure of the guardian to file an annual report, or the failure to file such report in a timely manner;

(3) the failure of the guardian to act in accord with an order of the court;

(4) a change in the ability of the person under guardianship to manage his or her personal care or financial affairs;

(5) a change in the capacity or suitability of the guardian for carrying out his or her powers and duties, including any current or past expressed preferences of the person under guardianship to have an alternative person appointed as guardian.

(b) After notice and hearing, the court may terminate or modify the guardianship, appoint a successor guardian, or restrict the powers of a guardian, consistent with the court's findings and conclusions of law.

(c) Notice and hearing on the motion shall proceed in the manner set forth in sections 3064 and 3068 of this title.

(d) Marriage of the person under guardianship shall not extinguish a guardian's authority.

(e) The following guardianship powers shall remain for up to two years after the death of a person under guardianship or until the appointment of an executor or administrator of the person's estate:

(1) the power to arrange and pay for a funeral;

(2) the power to request medical, financial, or other records of the person in guardianship;

(3) the power to request an autopsy and to obtain the results thereof;

(4) the power to make and file a financial accounting; and

(5) any other powers which are incidental to the closing of and accounting for the guardianship and which are fully reported to the Probate Division of the Superior Court.
14 V.S.A. § 2666 — VT Code / Title 14 / Chapter 111 / Section 2666
§ 2666. Modification; termination
Status: in_force

(a) A modification or termination of the permanent guardianship may be requested by the permanent guardian, the child if the child is age 14 or older, or the Commissioner for Children and Families. A modification or termination may also be ordered by the Probate Division of the Superior Court on its own initiative.

(b) Where the permanent guardianship is terminated by the Probate Division of the Superior Court order or the death of the permanent guardian, the custody and guardianship of the child shall not revert to the parent, but to the Commissioner for Children and Families as if the child had been abandoned. If a successor permanent guardian has been named in the initial permanent guardianship order, custody shall transfer to the successor guardian, without reverting first to the Commissioner. The Probate Division of the Superior Court shall notify the Department when custody transfers to the Commissioner or the successor guardian. At any time during the first six months of the successor guardianship, the Probate Division may, upon its own motion and independent of its regular review process, hold a hearing to determine, by a preponderance of the evidence, whether the successor permanent guardian continues to meet the requirements under subdivision 2664(a)(4) of this title.

(1) Upon the death of the permanent guardian or when the permanent guardianship is otherwise terminated by order of the Probate Division, the Probate Division shall issue an order placing the child in the custody of the Commissioner and shall immediately notify the Department for Children and Families, the State's Attorney, and the Family Division.

(2) The order transferring the child's legal custody to the Commissioner shall have the same legal effect as a similar order issued by the Family Division under the authority of 33 V.S.A. chapters 51-53.

(3) After the Probate Division issues the order transferring legal custody of the child, the State shall commence proceedings under the authority of 33 V.S.A. chapters 51-53 as if the child were abandoned.

(c) An order for modification or termination of the permanent guardianship shall be based on a finding by a preponderance of the evidence that there has been a substantial change in material circumstances, or that one or more findings required by subsection 2664(a) of this title no longer can be supported by the evidence, and that the proposed modification or termination is in the best interests of the child.

(d) The burden of proof shall be on the party seeking the modification or termination.

(e) In the event that it is necessary to appoint a successor permanent guardian, the parent may be considered with no greater priority than a third party.
14A V.S.A. § 1011 — VT Code / Title 14A / Chapter 10 / Section 1011
§ 1011. Interest as general partner
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section or unless personal liability is imposed in the contract, a trustee who holds, in a fiduciary capacity, an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract. The requirement of disclosure in the contract will be satisfied if the trustee signs the contract or signs another writing which is contemporaneously delivered to the other parties to the contract in a manner that clearly evidences that the trustee executed the contract in a fiduciary capacity.

(b) Except as otherwise provided in subsection (c) of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.

(c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of any of them.

(d) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
14 V.S.A. § 2602 — VT Code / Title 14 / Chapter 111 / Section 2602
§ 2602. Court appointing, to have jurisdiction; accounts
Status: in_force

The Probate Division of the Superior Court by which a guardian is appointed shall have jurisdiction of the estate of the ward and shall alone be authorized to license the sale of the estate and settle the guardian's account. In accordance with the Rules of Probate Procedure, a guardian shall annually account to the court for the proceeds and expenditures of the ward's estate, together with an account of the guardian's fees.
14 V.S.A. § 2846 — VT Code / Title 14 / Chapter 111 / Section 2846
§ 2846. Court may order dividend
Status: in_force

At the expiration of the time limited for creditors to present their claims, if it appears that the ward has not estate sufficient to pay his or her debts, the Probate Division of the Superior Court shall order the effects in the hands of the guardian for that purpose to be divided among the creditors in proportion to their claims.
14A V.S.A. § 1418 — VT Code / Title 14A / Chapter 14 / Section 1418
§ 1418. Removal or replacement of authorized fiduciary
Status: in_force

An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;

(2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

(3) the court approves the modification and the modification grants a substantially similar power to another person.
14 V.S.A. § 3563 — VT Code / Title 14 / Chapter 125 / Section 3563
§ 3563. Disclosure of other digital assets held in trust when trustee not original user
Status: in_force

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust, and any digital assets other than the content of electronic communications in which the trust has a right or interest, if the trustee gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the trust instrument or a certification of the trust under 14A V.S.A. § 1013;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(B) evidence linking the account to the trust.
14 V.S.A. § 1557 — VT Code / Title 14 / Chapter 73 / Section 1557
§ 1557. Sale of fraudulently conveyed estate; motion of creditors
Status: in_force

(a) An executor or administrator shall not be bound to make sale of estate, so fraudulently conveyed, under a license from the Probate Division of the Superior Court, nor sue for the estate for the benefit of the creditors unless on motion of creditors of the deceased, nor unless the creditors filing the motion pay that part of the costs and expenses, or give security to the executor or administrator as the court judges equitable.

(b) An executor or administrator shall not be required to sell fraudulently conveyed property under a license from the Probate Division of the Superior Court, or sue for the fraudulently conveyed property for the benefit of the creditors unless the creditors of the deceased file a motion to do so and comply with any court requirements to pay associated costs and expenses or give security to the executor or administrator.
14 V.S.A. § 3002 — VT Code / Title 14 / Chapter 111 / Section 3002
§ 3002. Minor ward's marriage; exception
Status: in_force

The marriage of a minor under guardianship shall discharge the guardian from all right to custody and education, but not from a right to property of the ward.
14A V.S.A. § 1409 — VT Code / Title 14A / Chapter 14 / Section 1409
§ 1409. Court involvement
Status: in_force

(a) The court may, upon application of an authorized fiduciary, a person entitled to notice under subsection 1407(c) of this title, a beneficiary, or, with respect to a charitable interest, the Attorney General or another person with standing to enforce the charitable interest:

(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;

(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;

(3) approve an exercise of the decanting power;

(4) determine that a proposed or attempted exercise of the decanting power is ineffective because:

(A) after applying section 1422 of this title, the proposed or attempted exercise does not or did not comply with this chapter; or

(B) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

(5) determine the extent to which section 1422 of this title applies to a prior exercise of the decanting power;

(6) provide instructions to the trustee regarding the application of section 1422 of this title to a prior exercise of the decanting power; or

(7) order other relief to carry out the purposes of this chapter.

(b) On application of an authorized fiduciary, the court may approve:

(1) an increase in the fiduciary's compensation under section 1416 of this title; or

(2) a modification under section 1418 of this title of a provision granting a person the right to remove or replace the fiduciary.
14A V.S.A. § 303 — VT Code / Title 14A / Chapter 3 / Section 303
§ 303. Representation by fiduciaries and parents
Status: in_force

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

(1) a guardian of the property may represent and bind the estate that the guardian controls;

(2) a guardian of the person may represent and bind the ward if a guardian of the ward's estate has not been appointed;

(3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

(4) a trustee may represent and bind the beneficiaries of the trust;

(5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and

(6) a parent may represent and bind the parent's minor or unborn child if a guardian for the child has not been appointed.
14A V.S.A. § 109 — VT Code / Title 14A / Chapter 1 / Section 109
§ 109. Methods and waiver of notice
Status: in_force

(a) Notice to a person under this title or the sending of a document to a person under this title must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, commercial delivery service, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.

(b) Notice otherwise required under this title or a document otherwise required to be sent under this title need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.

(c) Notice under this title or the sending of a document under this title may be waived by the person to be notified or sent the document.

(d) Notice of a judicial proceeding must be given as provided in the applicable rules of court procedure.
14 V.S.A. § 2881 — VT Code / Title 14 / Chapter 111 / Section 2881
§ 2881. Real estate; when may be sold
Status: in_force

The Probate Division of the Superior Court may authorize guardians to sell a part or all of the lands of their wards or the interest of such wards in real estate, vested or contingent, in the following cases:

(1) when the personal estate of a ward is insufficient to pay the expenses of maintaining the ward and his or her family, or of educating a minor ward as his or her circumstances require;

(2) when the personal estate of a ward is insufficient to pay his or her debts contracted before or after the appointment of his or her guardian;

(3) when it appears to the court conducive to the interest of the ward to sell the real estate, or an interest vested or contingent in the real estate and put the proceeds at interest or invest it in stocks or in real estate.
14 V.S.A. § 3221 — VT Code / Title 14 / Chapter 115 / Section 3221
§ 3221. Validity and effect of transfer
Status: in_force

(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:

(1) failure of the transferor to comply with subsection 3219(c) of this title concerning possession and control;

(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection 3219(a) of this title; or

(3) death or incapacity of a person nominated under section 3213 of this title or designated under section 3219 of this title as custodian or the disclaimer of the office by that person.

(b) A transfer made pursuant to section 3219 of this title is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and the minor, the minor's legal representative, and the minor's financial guardian have no right, power, duty, or authority with respect to the custodial property except as provided in this chapter.

(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter, and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
14 V.S.A. § 107 — VT Code / Title 14 / Chapter 3 / Section 107
§ 107. Allowance of will; custody of property
Status: in_force

(a) If consents are filed by all the heirs at law and surviving spouse, a will may be allowed without hearing. If consents are not obtained, the court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.

(b) Objections to allowance of the will must be filed in writing not less than seven days prior to the hearing. In the event that no timely objections are filed, the court may:

(1) allow the will on the testimony of only one of the subscribing witnesses if the witness testifies that the will was executed as provided in chapter 1 of this title; or

(2) allow the will without hearing if it meets criteria set out in section 108 of this title.

(c) After delivery of the will to the court, the person named as executor in the will shall have power pending allowance thereof, to assume custody of the estate for its preservation until a special or other administrator is appointed and qualifies.
14 V.S.A. § 3229 — VT Code / Title 14 / Chapter 115 / Section 3229
§ 3229. Accounting by and determination of liability of custodian
Status: in_force

(a) A minor who has attained 14 years of age, the minor's financial guardian or legal representative, a guardian of the minor appointed pursuant to section 2628 or 2664 of this title, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:

(1) for an accounting by the custodian or the custodian's legal representative; or

(2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 3227 of this title to which the minor, the minor's legal representative, or the minor's financial guardian was a party.

(b) A successor custodian may petition the court for an accounting by the predecessor custodian.

(c) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.

(d) If a custodian is removed under subsection 3228(f) of this title, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
14 V.S.A. § 1213 — VT Code / Title 14 / Chapter 66 / Section 1213
§ 1213. Compromise of claims
Status: in_force

When a claim against the estate has been presented in any manner, the executor or administrator may, if it appears for the best interests of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
14A V.S.A. § 809 — VT Code / Title 14A / Chapter 8 / Section 809
§ 809. Control and protection of trust property
Status: in_force

A trustee shall take reasonable steps to take control of and protect the trust property.
14 V.S.A. § 108 — VT Code / Title 14 / Chapter 3 / Section 108
§ 108. Self-proved wills
Status: in_force

A will may be self-proved as to its execution, by the sworn acknowledgment of the testator and the witnesses, made before a notary public or other official authorized to administer oaths in the place of execution in the following circumstances:

(1) The testator signed the instrument as the testator's will or expressly directed another to sign for the testator in the presence of two witnesses.

(2) The signing was the testator's free and voluntary act for the purposes expressed in the will.

(3) Each witness signed at the request of the testator, in the testator's presence, and in the presence of the other witness.

(4) To the best knowledge of each witness at the time of the signing, the testator was at least 18 years of age or emancipated by court order and was of sound mind and under no constraint or undue influence.
14 V.S.A. § 314 — VT Code / Title 14 / Chapter 42 / Section 314
§ 314. Share of heirs other than surviving spouse
Status: in_force

(a) The balance of the intestate estate not passing to the decedent's surviving spouse under section 311 of this title passes to the decedent's descendants by right of representation.

(b) If there is no taker under subsection (a) of this section, the intestate estate passes in the following order:

(1) to the decedent's parents equally if both survive or to the surviving parent;

(2) to the decedent's siblings and the descendants of any deceased siblings by right of representation;

(3) one-half of the intestate estate to the decedent's paternal grandparents equally if they both survive or to the surviving paternal grandparent and one-half of the intestate estate to the decedent's maternal grandparents equally if they both survive or to the surviving maternal grandparent and if decedent is survived by a grandparent, or grandparents on only one side, to that grandparent or those grandparents;

(4) in equal shares to the next of kin in equal degree.

(c) If property passes under this section by right of representation, the property shall be divided into as many equal shares as there are children or siblings of the decedent, as the case may be, who either survive the decedent or who predecease the decedent leaving surviving descendants.
14A V.S.A. § 903 — VT Code / Title 14A / Chapter 9 / Section 903
§ 903. Diversification
Status: in_force

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
14 V.S.A. § 2928 — VT Code / Title 14 / Chapter 111 / Section 2928
§ 2928. Death of ward
Status: in_force

Whenever a person dies while under guardianship, the guardian may pay so much of the burial expenses as the guardian is able from the funds in his or her hands and make final account to the Probate Division of the Superior Court.
14 V.S.A. § 115 — VT Code / Title 14 / Chapter 3 / Section 115
§ 115. Order for filing
Status: in_force

If the instrument is allowed in this State as the last will and testament of the deceased, the copy shall be filed and recorded and the will shall have the same effect as if originally allowed in the same court.
14 V.S.A. § 3343 — VT Code / Title 14 / Chapter 118 / Section 3343
§ 3343. Apportionment when income interest ends
Status: in_force

(a) As used in this section, “undistributed income” means net income received before the date on which an income interest ends. The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.

(b) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal.

(c) When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate, or other tax.
14 V.S.A. § 1491 — VT Code / Title 14 / Chapter 71 / Section 1491
§ 1491. Right of action where death results from wrongful act
Status: in_force

When the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and recover damages in respect thereof, if death had not ensued, the person or corporation liable to such action shall be liable to an action for damages, notwithstanding the death of the person injured and although the death is caused under such circumstances as amount in law to a felony.
14 V.S.A. § 2657 — VT Code / Title 14 / Chapter 111 / Section 2657
§ 2657. Guardian ad litem
Status: in_force

Nothing in this chapter shall take away the power of a court to appoint a guardian to defend the interests of a minor impleaded in such court, or interested in an action or matter therein pending, or its power to appoint or allow a person, as next friend of a minor, to commence, prosecute, or defend an action in his behalf.
14 V.S.A. § 3374 — VT Code / Title 14 / Chapter 118 / Section 3374
§ 3374. Transfers from income to reimburse principal
Status: in_force

(a) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

(b) Principal disbursements to which subsection (a) of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:

(1) an amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;

(2) a capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;

(3) disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker's commissions;

(4) periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and

(5) disbursements described in subdivision 3372(a)(7) of this title.

(c) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (a) of this section.
14A V.S.A. § 1423 — VT Code / Title 14A / Chapter 14 / Section 1423
§ 1423. Trust for care of animal
Status: in_force

(a) As used in this section:

(1) “Animal trust” means a trust or an interest in a trust created to provide for the care of one or more animals.

(2) “Protector” means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.

(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this chapter if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.

(c) A protector for an animal has the rights under this chapter of a qualified beneficiary.

(d) Notwithstanding any other provision of this chapter, if a first trust is an animal trust, in an exercise of the decanting power, the second trust shall provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
14 V.S.A. § 2963 — VT Code / Title 14 / Chapter 111 / Section 2963
§ 2963. Conveyances valid
Status: in_force

When the acts of a guardian under a void or voidable appointment are confirmed, as provided in sections 2961 and 2962 of this title, all sales of the real estate of the supposed ward previously made under a license issued by the Probate Division of the Superior Court shall be valid and of full force from the date of sale.
14 V.S.A. § 1413 — VT Code / Title 14 / Chapter 71 / Section 1413
§ 1413. Debt as personalty; representative may foreclose mortgage
Status: in_force

A debt secured by mortgage belonging to the estate of a deceased person as mortgagee or assignee of the right of a mortgagee, when the mortgage was not foreclosed in the lifetime of the deceased, shall be personal assets in the hands of the executor or administrator and administered and accounted for as such. The executor or administrator may foreclose the mortgage and take possession of the mortgaged premises as the decedent might have done in the decedent's lifetime.
14 V.S.A. § 4006 — VT Code / Title 14 / Chapter 127 / Section 4006
§ 4006. Validity of power of attorney
Status: in_force

(a) A power of attorney executed in this State on or after July 1, 2023 is valid if its execution complies with section 4005 of this title.

(b) A power of attorney executed in this State before July 1, 2023 is valid if its execution complied with the law of this State as it existed at the time of execution.

(c) A power of attorney executed other than in this State is valid in this State if, when the power of attorney was executed, the execution complied with:

(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 4007 of this title; or

(2) the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended.

(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

(e) Except as otherwise provided by statute other than this chapter, a power of attorney that complies with this chapter is valid.
14 V.S.A. § 2884 — VT Code / Title 14 / Chapter 111 / Section 2884
§ 2884. Deed, effect of
Status: in_force

A deed executed by a guardian of the lands of his or her ward under such order of sale shall be valid and shall convey the interest of the ward in the lands, whether vested or contingent.
14 V.S.A. § 2690 — VT Code / Title 14 / Chapter 111 / Section 2690
§ 2690. Guardian to give notice that ward's contracts and transfers will be void
Status: in_force

As soon as possible after appointment, the guardian of a spendthrift shall give notice of the appointment as provided by the Rules of Probate Procedure and shall give similar notice that contracts made by the ward will be held void. Contracts, gifts, sales, or transfers of real or personal estate made by the ward after the date of appointment of the guardian shall be void.
14A V.S.A. § 501 — VT Code / Title 14A / Chapter 5 / Section 501
§ 501. Rights of beneficiary's creditor or assignee
Status: in_force

To the extent a beneficiary's interest is not protected by a spendthrift provision, the Probate Division of the Superior Court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The Probate Division of the Superior Court may limit the award to such relief as is appropriate under the circumstances.
14 V.S.A. § 3565 — VT Code / Title 14 / Chapter 125 / Section 3565
§ 3565. Fiduciary duty and authority
Status: in_force

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

(1) the duty of care;

(2) the duty of loyalty; and

(3) the duty of confidentiality.

(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

(1) is subject to the applicable terms of service, except as otherwise provided in section 3554 of this title;

(2) is subject to other applicable law, including copyright law;

(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

(4) shall not be used to impersonate the user.

(c) A fiduciary with authority over the property of a decedent, person under guardianship, principal, or settlor has the right to access any digital asset in which the decedent, person under guardianship, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, person under guardianship, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including 13 V.S.A. § 4102.

(e) A fiduciary with authority over the tangible, personal property of a decedent, person under guardianship, principal, or settlor:

(1) has the right to access the property and any digital asset stored in it; and

(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including 13 V.S.A. § 4102.

(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:

(1) if the user is deceased, a certified copy of the death certificate of the user;

(2) a certified copy of the certificate of appointment of fiduciary, court order, power of attorney, or trust giving the fiduciary authority over the account; and

(3) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) evidence linking the account to the user; or

(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (3).
14 V.S.A. § 1739 — VT Code / Title 14 / Chapter 77 / Section 1739
§ 1739. Final decree of distribution or partition; bond
Status: in_force

The Probate Division of the Superior Court shall not make a final decree of distribution or partition in an estate against which a person engaged in the military service of the United States and outside this State has a claim, until a bond is filed in the court by the creditors, heirs, legatees, or devisees or some one or more of them, in a sum and with sureties as the court directs, conditioned to pay the claimant the sum of money that is finally allowed him or her against the estate.
14 V.S.A. § 338 — VT Code / Title 14 / Chapter 42 / Section 338
§ 338. Distribution; order in which assets appropriated; abatement
Status: in_force

(a)(1) Except as provided in subsection (b) of this section, shares of distributees given under a will abate, without any preference or priority as between real and personal property, in the following order:

(A) property not disposed of by the will;

(B) residuary devises and bequests;

(C) general devises and bequests;

(D) specific devises and bequests.

(2) For purpose of abatement, a general devise or bequest charged on any specific property or fund is a specific devise or bequest to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise or bequest to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

(b) If the will expresses an order of abatement or if the testamentary plan or the express or implied purpose of a devise or bequest would be defeated by the order of abatement listed in subsection (a) of this section, the shares of the distributees shall abate as may be necessary to give effect to the intention of the testator.

(c) If the subject of a preferred devise or bequest is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
14 V.S.A. § 1067 — VT Code / Title 14 / Chapter 63 / Section 1067
§ 1067. Notice of accounting
Status: in_force

Before an administration account of an executor or administrator is allowed, notice shall be given as provided by the Rules of Probate Procedure.
14 V.S.A. § 1652 — VT Code / Title 14 / Chapter 75 / Section 1652
§ 1652. Deed of executor or administrator
Status: in_force

The deed of an executor or administrator, who has obtained a certified copy of an order of sale or license to sell real estate from the Probate Division of the Superior Court, shall be valid to convey the real estate of a deceased person thereby authorized to be sold.
14 V.S.A. § 3 — VT Code / Title 14 / Chapter 1 / Section 3
§ 3. Will may pass all property and after-acquired property
Status: in_force

A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.
14 V.S.A. § 3558 — VT Code / Title 14 / Chapter 125 / Section 3558
§ 3558. Disclosure of other digital assets of deceased user
Status: in_force

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user, and digital assets of the user other than the content of electronic communications, if the representative gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the death certificate of the user;

(3) a certified copy of the certificate of appointment of fiduciary; and

(4) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) evidence linking the account to the user;

(C) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

(D) a finding by the court that:

(i) the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (4); or

(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
14 V.S.A. § 3415 — VT Code / Title 14 / Chapter 120 / Section 3415
§ 3415. Delegation of management and investment functions
Status: in_force

(a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:

(1) selecting an agent;

(2) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.

(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.

(c) An institution that complies with subsection (a) of this section is not liable for the decisions or actions of an agent to which the function was delegated.

(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.

(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this State other than this chapter.