14 V.S.A. § 2671 — VT Code / Title 14 / Chapter 111 / Section 2671
§ 2671. Voluntary guardianship
Status: in_force

(a) Any person of at least 18 years of age, who desires assistance with the management of his or her affairs, may file a petition with the Probate Division of the Superior Court requesting the appointment of a guardian.

(b) The petition shall:

(1) state that the petitioner understands the nature, extent, and consequences of the guardianship;

(2) specify which of the powers of the guardian as set forth in section 3069 of this title petitioner requests to be exercised by the guardian; and

(3) specify which individual the petitioner requests to be appointed guardian.

(c) A person who requests that a voluntary guardian be appointed shall appear before the court, if physically able. If not physically able to appear, the petition shall be accompanied by a letter from a physician or qualified mental health professional stating that the petitioner understands the nature, extent, and consequences of the guardianship requested and the procedure for revoking the guardianship. The letter may support a finding by the court that the petitioner does, in fact, understand the nature, extent, and consequences of the guardianship requested and the procedure for revoking the guardianship.

(d)(1) The court shall hold a hearing on the petition, with notice to the petitioner and the proposed guardian.

(2) At the hearing, the court shall explain to the petitioner the nature, extent, and consequences of the proposed guardianship and determine if the petitioner agrees to the appointment of the named guardian.

(3) At the hearing, the court shall explain to the petitioner the procedures for terminating the guardianship.

(4) After the hearing, the court shall make findings on the following issues:

(A) whether the petitioner is uncoerced;

(B) whether the petitioner understands the nature, extent, and consequences of the proposed guardianship; and

(C) whether the petitioner understands the procedures for terminating the guardianship.

(e) The court may order that the petitioner be evaluated by a person who has specific training and demonstrated competence to evaluate the petitioner. The scope of the evaluation shall be limited to whether the petitioner understands the nature, extent, and consequences of the guardianship requested and the procedures for revoking the guardianship.

(f) If after the hearing the court finds that the petitioner is uncoerced, understands the nature, extent, and consequences of the proposed guardianship, and understands the procedures for terminating the guardianship, it shall enter judgment specifying the powers of the guardian as requested in the petition. The court shall mail a copy of its order to the petitioner and the guardian, and it shall attach to the order a notification to the petitioner setting forth the procedures for terminating the guardianship.

(g) If the court finds that the petitioner does not meet the criteria set forth in subsection (d) of this section, it shall dismiss the petition; provided, however, that if the court finds that the petitioner does not understand the nature, extent, and consequences of the guardianship and in the court's opinion requires assistance with the management of his or her personal or financial affairs, the court may treat the petition as if filed pursuant to section 3063 of this title.

(h) The person under guardianship may, at any time, file a motion to revoke the guardianship. Upon receipt of the motion, the court shall give notice as provided by the Rules of Probate Procedure. Unless the guardian files a motion pursuant to section 3063 of this title within 14 days from the date of the notice, the court shall enter judgment revoking the guardianship and shall provide the ward and the guardian with a copy of the judgment.

(i)(1) Any person interested in the welfare of the person under guardianship, as defined by section 3061 of this chapter, may petition the court where venue lies for termination of the guardianship. Grounds for termination of the guardianship shall be:

(A) failure to render an account after having been duly cited by the court;

(B) failure to perform an order or decree of the court;

(C) a finding that the guardian has become incapable of or unsuitable for exercising his or her powers; or

(D) the death of the guardian.

(2) The court may also consider termination of the guardianship on the court's own motion.

(j) The guardian shall file an annual report with the appointing court within 30 days of the anniversary date of appointment containing the information required by section 3076 of this title.

(k) The court shall mail an annual notice on the anniversary date of the appointment of the guardian to the person under a guardianship setting forth the procedure for terminating the guardianship and the right of the person under guardianship to receive and review the annual reports filed by the guardian.

(l) At the termination of a voluntary guardianship, the guardian shall render a final accounting as required by section 2921 of this title.

(m) The guardian shall not be paid any fees to which the guardian may be entitled from the estate of the person under guardianship until the annual reports or final accounting required by this section have been filed with the court.
14 V.S.A. § 684 — VT Code / Title 14 / Chapter 49 / Section 684
§ 684. Rights of heir subsequently appearing
Status: in_force

If a devisee, legatee, heir, widow, or other person, entitled to some portion or all of an estate, appears within 17 years from the date of the decree and files a claim with the Probate Division of the Superior Court that made the decree, and establishes the claim to the estate, he or she shall have possession of the same to the extent of the claim, or, if sold, the town shall be accountable to him or her for the avails, after deducting reasonable charges for the care of the estate. If the claim is not made within the time mentioned, it shall be barred.
14 V.S.A. § 137 — VT Code / Title 14 / Chapter 4 / Section 137
§ 137. Revocation
Status: in_force

An international will may be revoked in any manner permitted by section 11 of this title.
14 V.S.A. § 3112 — VT Code / Title 14 / Chapter 113 / Section 3112
§ 3112. Compensation of guardians
Status: in_force

Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of monies received during the period covered by the account. In the event of extraordinary services by a guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans' Administration in the manner provided in the case of hearing on a guardian's account or other pleading. No commission or compensation shall be allowed on the monies or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments. The Executive Secretary of the State Veterans' Board shall not be entitled to any compensation in addition to his or her regular salary by reason of acting as guardian under an appointment pursuant to subdivision 3105(a)(3) of this title.
14 V.S.A. § 2628 — VT Code / Title 14 / Chapter 111 / Section 2628
§ 2628. Guardianship order
Status: in_force

(a) If the court grants a petition for guardianship of a child under subsection 2626(d), 2626a(d), or 2627(d) of this title, the court shall enter an order establishing a guardianship and naming the proposed guardian as the child's guardian.

(b) A guardianship order issued under this section shall include provisions addressing the following matters:

(1) the powers and duties of the guardian consistent with section 2629 of this title;

(2) the expected duration of the guardianship, if known;

(3) a family plan on a form approved by the Court Administrator that:

(A) in a consensual case is consistent with the parties' agreement; or

(B) in a nonconsensual case includes, at a minimum, provisions that address parent-child contact consistent with section 2630 of this title; and

(4) the process for reviewing the order consistent with section 2631 of this title.
14A V.S.A. § 1005 — VT Code / Title 14A / Chapter 10 / Section 1005
§ 1005. Limitation of action against trustee
Status: in_force

(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust.

(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows or has reason to know of the potential claim or that the beneficiary had a duty to inquire further and the response to such an inquiry would have disclosed the potential claim. If written notice is given to the trustee by a beneficiary or representative within the time for commencing an action under subsection (a) of this section stating that the beneficiary or representative has received insufficient information from the trustee's report to determine whether to commence an action for breach of trust, the time for commencing an action shall be extended by six months. If no proceeding is commenced within the extended time, it shall be conclusively presumed that the report adequately disclosed the existence of any potential claim.

(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within three years after the first to occur of:

(1) the removal, resignation, or death of the trustee;

(2) the termination of the beneficiary's interest in the trust; or

(3) the termination of the trust.

(d) Subsections (a) through (c) of this section shall not apply to the filing of a petition in Probate Division of the Superior Court by the Attorney General for breach of trust against the trustee of a charitable trust with a principal place of administration in this State. The Attorney General may file a petition within three years after the potential claim arises.
14A V.S.A. § 1305 — VT Code / Title 14A / Chapter 13 / Section 1305
§ 1305. Exclusions
Status: in_force

(a) As used in this section, “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.

(b) This chapter does not apply to a:

(1) power of appointment;

(2) power to appoint or remove a trustee or trust director;

(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(A) the beneficiary; or

(B) another beneficiary represented by the beneficiary under chapter 3 of this title with respect to the exercise or nonexercise of the power; or

(5) power over a trust if:

(A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and

(B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.

(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
14 V.S.A. § 4013 — VT Code / Title 14 / Chapter 127 / Section 4013
§ 4013. Agent's acceptance
Status: in_force

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
14 V.S.A. § 3108 — VT Code / Title 14 / Chapter 113 / Section 3108
§ 3108. Notice
Status: in_force

Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this State, and also to the Veterans' Administration as provided by this chapter.
14 V.S.A. § 1852 — VT Code / Title 14 / Chapter 80 / Section 1852
§ 1852. Motion for waiver of administration; order
Status: in_force

(a) A motion for waiver of administration may be submitted to the Probate Division of the Superior Court with the petition to open the estate or at any time before an accounting is due. The motion shall be made under oath and shall state that:

(1)(A) if the decedent died testate, the moving party is the sole beneficiary of the decedent's estate, and has been nominated and proposes to serve as sole executor; or

(B) if the decedent died intestate, the moving party is the sole heir of the decedent's estate and proposes to serve as sole administrator;

(2) the moving party is the sole fiduciary of the estate;

(3) the decedent owned no real property in the State of Vermont; and

(4) the administration of the estate will be complete without supervision by the Probate Division of the Superior Court in accordance with the decedent's will and applicable law.

(b) The court may grant the motion to waive further administration if it finds that:

(1) the moving party is the only estate beneficiary under the will of a decedent or the only heir of a decedent who died intestate;

(2) the moving party is the sole fiduciary of the estate; and

(3) the decedent owned no real property in the State of Vermont.

(c) If the court grants a motion to waive further administration filed under subsection (a) of this section, it shall issue an order waiving the duty to file an inventory, waiving or discharging the fiduciary bond, and dispensing with further filing with the court other than the final affidavit of administration.
14A V.S.A. § 417 — VT Code / Title 14A / Chapter 4 / Section 417
§ 417. Combination and division of trusts
Status: in_force

After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.
14 V.S.A. § 2887 — VT Code / Title 14 / Chapter 111 / Section 2887
§ 2887. Conveyance of land that ward was under contract to convey
Status: in_force

When a person, while not under guardianship, was under contract binding in law or equity to deed lands, on motion, the Probate Division of the Superior Court may grant license to the guardian of that person to convey those lands according to the contract. The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.
14 V.S.A. § 1207 — VT Code / Title 14 / Chapter 66 / Section 1207
§ 1207. Payment of claims
Status: in_force

(a) Upon the expiration of four months from the date of the first publication of the notice to creditors, the executor or administrator shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family, and support allowances, for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, a claimant whose claim has been allowed but not paid as provided herein may secure an order directing the executor or administrator to pay the claim to the extent that funds of the estate are available for the payment.

(b) The executor or administrator at any time may pay any just claim that has not been barred, with or without formal presentation, but he or she personally liable to any other claimant whose claim is allowed and who is injured by such payment if:

(1) the payment was made before the expiration of the time limit stated in subsection (a) of this section and the executor or administrator failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or

(2) the payment was made, due to the negligence or willful fault of the executor or administrator, in such manner as to deprive the injured claimant of his or her priority.
14 V.S.A. § 2109 — VT Code / Title 14 / Chapter 101 / Section 2109
§ 2109. Person injured; action on bond or judgment
Status: in_force

After a person is injured by the breach of the condition of the bond, he or she may bring from time to time an action in his or her own name on the judgment rendered for the penalty of the bond. In that action, he or she shall assign and set forth the breaches on which he or she relies and may recover the damages that he or she proves, with costs.
14 V.S.A. § 1202 — VT Code / Title 14 / Chapter 66 / Section 1202
§ 1202. Statutes of limitations
Status: in_force

Unless an estate is insolvent, the executor or administrator, with the consent of all heirs, devisees, and legatees, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some event other than death and advertisement for claims against a decedent is suspended during the four months following the first publication of notice under section 1201 of this title but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under section 1204 of this title is equivalent to commencement of a proceeding on the claim.
14 V.S.A. § 3094 — VT Code / Title 14 / Chapter 111 / Section 3094
§ 3094. Duty to seek private guardian
Status: in_force

(a) Once appointed as guardian, the Office of Public Guardian shall make a reasonable effort to locate a suitable guardian for the ward from the private sector. Annually, the Office of Public Guardian shall file a report with the Probate Division of the Superior Court describing its efforts to locate a private guardian for the ward.

(b) Upon location of a suitable private guardian, the Office of Public Guardian shall file a motion with the Probate Division of the Superior Court for termination or modification of the guardianship. Availability of a suitable private guardian shall be deemed a change in the suitability of the Office of Public Guardian for carrying out its powers and duties under section 3077(a)(5) of this title.
14 V.S.A. § 1804 — VT Code / Title 14 / Chapter 79 / Section 1804
§ 1804. Appearance; appeal
Status: in_force

A person not so served may become a party defendant by entering his or her appearance with the Probate Division of the Superior Court before the expiration of the time provided by this section for appeal. An appeal may be taken by any person in interest within 30 days from any final decree issued under this chapter by the Probate Division of the Superior Court.
14 V.S.A. § 623 — VT Code / Title 14 / Chapter 47 / Section 623
§ 623. Joint tenants
Status: in_force

Where there is not sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
14 V.S.A. § 681 — VT Code / Title 14 / Chapter 49 / Section 681
§ 681. Persons dying testate or intestate without heirs or known legatees
Status: in_force

When a person dies testate or intestate, seised of real or personal property in this State, leaving no heir nor person entitled to the same, the selectboard members of the town where the deceased last resided, if an inhabitant of the State, or of the town in which estate lies, if the absent person resided out of the State, may file a petition, on behalf of the town, with the Probate Division of the Superior Court for a hearing in accordance with the Rules of Probate Procedure.
14 V.S.A. § 2626 — VT Code / Title 14 / Chapter 111 / Section 2626
§ 2626. Consensual guardianship
Status: in_force

(a) If the petition requests a consensual guardianship, the petition shall include a consent signed by the custodial parent or parents verifying that the parent or parents understand the nature of the guardianship and knowingly and voluntarily consent to the guardianship. The consent required by this subsection shall be on a form approved by the Court Administrator.

(b) On or before the date of the hearing, the parties shall file an agreement between the proposed guardian and the parents. The agreement shall address:

(1) the responsibilities of the guardian;

(2) the responsibilities of the parents;

(3) the expected duration of the guardianship, if known; and

(4) parent-child contact and parental involvement in decision making.

(c) Vermont Rule of Probate Procedure 43 (relaxed rules of evidence in probate proceedings) shall apply to hearings under this section.

(d) The court shall grant the petition if it finds after the hearing by clear and convincing evidence that:

(1) the child is a child in need of guardianship as defined in subdivision 2622(2)(A) of this title;

(2) the child's parents had notice of the proceeding and knowingly and voluntarily consented to the guardianship;

(3) the agreement is voluntary;

(4) the proposed guardian is suitable; and

(5) the guardianship is in the best interests of the child.

(e) If the court grants the petition, it shall approve the agreement at the hearing and issue an order establishing a guardianship under section 2628 of this title. The order shall be consistent with the terms of the parties' agreement unless the court finds that the agreement was not reached voluntarily or is not in the best interests of the child.
14A V.S.A. § 110 — VT Code / Title 14A / Chapter 1 / Section 110
§ 110. Others treated as qualified beneficiaries
Status: in_force

(a) Whenever notice to qualified beneficiaries of a trust is required under this title, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.

(b)(1) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this title if the charitable organization, on the date the charitable organization's qualification is being determined, is:

(A) a “first tier” beneficiary as a distributee or permissible distributee of trust income or principal;

(B) a “second tier” beneficiary who would be a first tier beneficiary of trust income or principal if the interests of the distributees described in subdivision (1)(A) of this subsection (b) terminated on that date without causing the trust to terminate; or

(C) a “final beneficiary” who would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

(2) Notwithstanding subdivision (1) of this subsection (b), a second tier beneficiary or a final beneficiary whose interest in the trust is created by the exercise of a power of appointment, and the exercise of the power of appointment is not irrevocable, shall not have the rights of a “qualified beneficiary.”

(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 408 or 409 of this title has the rights of a qualified beneficiary under this title.

(d) The Attorney General of this State has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this State.
14 V.S.A. § 1659 — VT Code / Title 14 / Chapter 75 / Section 1659
§ 1659. License when deceased under contract to convey; court may grant; effect of deed
Status: in_force

(a) When a decedent had contracted to convey real estate and the party contracted with has performed or is ready to perform the conditions of the contract, on motion for that purpose, the Probate Division of the Superior Court may grant license to the executor or administrator of the estate to convey the lands according to the contract, including any modifications to it. If the executor or administrator is the transferee under the contract, the judge of the court shall execute the deed. The deed executed by the executor, administrator, judge, or special administrator or master appointed by the court shall be valid to convey the real estate authorized to be conveyed under the contract.

(b) The Probate Division of the Superior Court shall not grant a license to convey the real estate of a deceased person under contract if it appears to the court after hearing that the assets in the hands of the executor or administrator will be reduced by the conveyance in an amount that prevents a creditor from receiving the whole debt and the value of the real estate to be sold is materially greater than the contract price.
14 V.S.A. § 1954 — VT Code / Title 14 / Chapter 83 / Section 1954
§ 1954. Effect of disclaimer
Status: in_force

(a) If the property or interest devolved to a disclaimant under testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the decedent or, if the disclaimant was designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power. Any future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his or her interest is indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent, or of the donee of the power, or the determinative event, as the case may be.

(b) If the property or interest devolved to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition:

(1) it devolves as if the disclaimant had died before the effective date of the instrument or contract; and

(2) a future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his or her interest indefeasibly vested. A disclaimer relates back for all purposes to the effective date of the instrument or contract or the date of the determinative event, as the case may be.

(c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him or her.
14 V.S.A. § 111 — VT Code / Title 14 / Chapter 3 / Section 111
§ 111. Notice to beneficiaries
Status: in_force

Within 30 days after the allowance of a will, the court shall mail, postage paid, a written notice thereof to each beneficiary, devisee, or legatee named in the will, and to any other person who contested the allowance.
14 V.S.A. § 3212 — VT Code / Title 14 / Chapter 115 / Section 3212
§ 3212. Scope and jurisdiction
Status: in_force

(a) This chapter applies to a transfer that refers to this chapter in the designation under subsection 3219(a) of this title by which the transfer is made if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of this State or the custodial property is located in this State. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this State.

(b) A person designated as custodian under this chapter is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship.

(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state, and may be executed and is enforceable in this State if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state, or the custodial property is located in the designated state.
14A V.S.A. § 1301 — VT Code / Title 14A / Chapter 13 / Section 1301
§ 1301. Short title
Status: in_force

This chapter may be cited as the Uniform Directed Trust Act.
14A V.S.A. § 1007 — VT Code / Title 14A / Chapter 10 / Section 1007
§ 1007. Event affecting administration or distribution
Status: in_force

If the happening of an event, including marriage, divorce, performance of educational requirements, attainment of a specified age, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.
14 V.S.A. § 3080 — VT Code / Title 14 / Chapter 111 / Section 3080
§ 3080. Appeals
Status: in_force

Orders of the court issued pursuant to the provisions of this subchapter may be appealed in such manner as provided in 12 V.S.A. § 2551 et seq. and Rule 72, Vermont Rules of Civil Procedure, provided, however, that any order issued pursuant to this subchapter shall not be stayed during the pendency of an appeal except by order of a court of competent jurisdiction.
14A V.S.A. § 706 — VT Code / Title 14A / Chapter 7 / Section 706
§ 706. Removal and replacement of trustee
Status: in_force

(a) The settlor, a cotrustee, or a beneficiary may request the probate division of the superior court to remove a trustee under subsection (b) of this section or to replace a trustee under subsection (c) of this section. A trustee may be removed by the Probate Division of the Superior Court on its own initiative.

(b) The Probate Division of the Superior Court may remove a trustee if:

(1) the trustee is obviously unsuitable;

(2) the trustee has committed a serious breach of trust;

(3) lack of cooperation among cotrustees substantially impairs the administration of the trust;

(4) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries;

(5) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the Probate Division of the Superior Court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available;

(6) for any cause, if the interests of the trust estate require it.

(c) The Probate Division of the Superior Court may remove an existing trustee, and appoint a replacement trustee subject to the provisions of section 704 of this title, if the Probate Division of the Superior Court finds that a change in trustee would be in keeping with the intent of the settlor. In deciding whether to replace a trustee under this subsection, the Probate Division of the Superior Court may consider the following factors:

(1) Whether removal would substantially improve or benefit the administration of the trust;

(2) The relationship between the settlor and the trustee as it existed at the time the trust was created;

(3) Changes in the nature of the trustee since the creation of the trust;

(4) The relationship between the trustee and the beneficiaries;

(5) The responsiveness of the trustee to the beneficiaries;

(6) The experience and skill level of the trustee;

(7) The investment performance of the trustee;

(8) The charges for services performed by the trustee; and

(9) Any other relevant factors pertaining to the administration of the trust.

(d) A Probate Division of the Superior Court may order trustees who are replaced pursuant to an action brought under subsection (c) of this section to reimburse the trust for attorney's fees and court costs paid by the trust relating to the action.

(e) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the Probate Division of the Superior Court may order such appropriate relief under subsection 1001(b) of this title as may be necessary to protect the trust property or the interests of the beneficiaries.
14 V.S.A. § 2885 — VT Code / Title 14 / Chapter 111 / Section 2885
§ 2885. Guardian to report sale
Status: in_force

Within three months after a sale of real estate of his or her ward under a license, a guardian shall make report of his or her proceedings, setting forth the time and manner of sale, the person to whom and the price for which it was sold and a description of each parcel sold. Such report shall be filed and docketed in the Probate Division, but neglect to make the report shall not affect the title to the lands sold.
14 V.S.A. § 3217 — VT Code / Title 14 / Chapter 115 / Section 3217
§ 3217. Transfer by obligor
Status: in_force

(a) Subject to subsections (b) and (c) of this section, a person not subject to section 3215 or 3216 of this title who holds property of or owes a liquidated debt to a minor not having a financial guardian may make an irrevocable transfer to a custodian for the benefit of the minor, pursuant to section 3219 of this title.

(b) If a person having the right to do so under section 3213 of this title has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person.
14 V.S.A. § 4010 — VT Code / Title 14 / Chapter 127 / Section 4010
§ 4010. Termination of power of attorney or agent's authority
Status: in_force

(a) A power of attorney terminates when:

(1) the principal dies;

(2) the principal becomes incapacitated or unavailable, if the power of attorney is not durable;

(3) the principal revokes the power of attorney;

(4) the power of attorney provides that it terminates;

(5) the purpose of the power of attorney is accomplished; or

(6) the principal revokes the agent's authority or the agent dies, becomes incapacitated or unavailable, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

(b) An agent's authority terminates when:

(1) the principal revokes the authority;

(2) the agent dies, becomes incapacitated or unavailable, or resigns;

(3) a petition for divorce, annulment, separation, or a decree of nullity is filed with respect to the agent's marriage to the principal, unless the power of attorney otherwise provides; or

(4) the power of attorney terminates.

(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the power of attorney.

(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

(e) Incapacity or unavailability of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity or unavailability, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.

(g) The principal of a power of attorney may not revoke the power of attorney if the principal has been determined to be incapacitated.
14 V.S.A. § 3234 — VT Code / Title 14 / Chapter 115 / Section 3234
§ 3234. Severability
Status: in_force

If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to this end, provisions of this chapter are severable.
14 V.S.A. § 2631 — VT Code / Title 14 / Chapter 111 / Section 2631
§ 2631. Reports; review hearing
Status: in_force

(a) The guardian shall file an annual status report to the Probate Division pursuant to subdivisions 2629(b)(4) and 2629(c)(5) of this title, and shall provide copies of the report to each parent at his or her last known address. The court may order that a status report be filed more frequently than once per year.

(b) The Probate Division may set a hearing to review a report required by subsection (a) of this section or to determine progress with the family plan required by subdivision 2628(b)(3) of this title. The court shall provide notice of the hearing to all parties and interested persons.
14 V.S.A. § 1206 — VT Code / Title 14 / Chapter 66 / Section 1206
§ 1206. Allowance of claims
Status: in_force

(a) As to claims presented in the manner described in section 1204 of this title within the time limit prescribed in section 1203 of this title, the executor or administrator shall, if a claim is disallowed, mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the executor or administrator changes his or her decision concerning the claim, he or she shall notify the claimant. The executor or administrator may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. Every claim which is disallowed in whole or in part by the executor or administrator is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the executor or administrator not later than 60 days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the executor or administrator to mail notice to a claimant of action on his claim for 60 days after the time for original presentation of the claim not otherwise barred has expired shall have the effect of allowance.

(b) Upon motion of the executor or administrator or petition of a claimant, the Probate Division of the Superior Court may allow in whole or in part any claim or claims timely presented. Notice in this proceeding shall be given as provided by the Rules of Probate Procedure.

(c) A judgment in a proceeding in another court against an executor or administrator to enforce a claim against a decedent's estate is an allowance of the claim.

(d) By agreement between a claimant and the executor or administrator, a claim may be referred to one or more arbitrators, chosen either by the claimant and the executor or administrator, or, if they so request, by the Probate Division of the Superior Court. The decision of the arbitrator shall be final and binding.

(e) Unless otherwise provided in any judgment in another court entered against the executor or administrator, allowed claims bear interest at the legal rate for the period commencing 60 days after the time for original presentation of claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
14 V.S.A. § 1952 — VT Code / Title 14 / Chapter 83 / Section 1952
§ 1952. Time of disclaimer-Delivery
Status: in_force

(a) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be delivered, as to a present interest, not later than nine months after the death of the deceased owner or deceased donee of a power of appointment and, as to a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his or her interest is indefeasibly vested. The disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative, or other fiduciary of the decedent or the donee of the power, to the holder of the legal title to which the interest relates, or to the person entitled to the property or interest in the event of disclaimer. A copy of the disclaimer shall be filed in the Probate Division of the Superior Court of the district in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced.

(b) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered, as to a present interest, not later than nine months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his or her interest indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered not later than nine months after he or she has actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to him or herself or another the entire legal and equitable ownership of the interest. The disclaimer shall be delivered in person or mailed by registered or certified mail to the person who has legal title to or possession of the interest disclaimed.

(c) In any case, as to a transfer creating an interest in the disclaimant made after December 31, 1976, and subject to tax under chapter 11, 12, or 13 of the Internal Revenue Code of 1986, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than nine months after the later of the date the transfer is made or the day on which the person disclaiming attains age 21.

(d) A surviving joint tenant or tenant by the entirety may disclaim as a separate interest any property or interest therein devolving to him or her by right of survivorship. A surviving joint tenant or tenant by the entirety may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy or tenancy by the entirety devolving to him or her, if the joint tenancy or tenancy by the entirety was created by act of a deceased joint tenant or tenant by the entirety and the survivor did not join in creating the joint tenancy or tenancy by the entirety.

(e) If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the land records of the town in which the property or interest disclaimed is located.
14A V.S.A. § 415 — VT Code / Title 14A / Chapter 4 / Section 415
§ 415. Reformation to correct mistakes
Status: in_force

The Probate Division of the Superior Court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
14A V.S.A. § 816 — VT Code / Title 14A / Chapter 8 / Section 816
§ 816. Specific powers of trustee
Status: in_force

Without limiting the authority conferred by § 815 of this title, a trustee may:

(1) collect trust property and accept or reject additions to the trust property from a settlor or any other person;

(2) acquire or sell property, for cash or on credit, at public or private sale;

(3) exchange, partition, or otherwise change the character of trust property;

(4) deposit trust money in an account in a regulated financial service institution;

(5) borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust;

(6) with respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, or property owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital;

(7) with respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:

(A) vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement;

(B) hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;

(C) pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights; and

(D) deposit the securities with a depositary or other regulated financial service institution;

(8) with respect to an interest in real property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats and adjust boundaries;

(9) enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust;

(10) grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired;

(11) insure the property of the trust against damage or loss and insure the trustee, the trustee's agents, and beneficiaries against liability arising from the administration of the trust;

(12) abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;

(13) with respect to possible liability for violation of environmental law:

(A) inspect or investigate property the trustee holds or has been asked to hold or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest for the purpose of determining the application of environmental law with respect to the property;

(B) take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;

(C) decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law;

(D) compromise claims against the trust which may be asserted for an alleged violation of environmental law; and

(E) pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law;

(14) pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;

(15) pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust;

(16) exercise elections with respect to federal, state, and local taxes;

(17) select a mode of payment under any employee benefit or retirement plan or account, annuity, or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;

(18) make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and the trustee has a lien on future distributions for repayment of those loans;

(19) pledge trust property to guarantee loans made by others to the beneficiary;

(20) appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security, and remove any trustee so appointed;

(21) pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary's benefit, or by:

(A) paying it to the beneficiary's guardian of the property or, if the beneficiary does not have a guardian of the property, the beneficiary's guardian of the person;

(B) paying it to the beneficiary's custodian under the Uniform Gifts to Minors Act, and, for that purpose, creating a custodianship; or

(C) managing it as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution;

(22) on distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes, and adjust for resulting differences in valuation;

(23) resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution;

(24) prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee's duties;

(25) sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee's powers; and

(26) on termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it.
14A V.S.A. § 407 — VT Code / Title 14A / Chapter 4 / Section 407
§ 407. Evidence of oral trust
Status: in_force

Except as required by a statute other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.
14 V.S.A. § 924 — VT Code / Title 14 / Chapter 61 / Section 924
§ 924. Revocation of letters of administration-When will discovered
Status: in_force

When, after granting letters of administration of the estate of a person as if dying intestate, a will of the deceased person is allowed, the letters of administration shall be revoked and the powers of the administrator cease, the letters of administration shall be surrendered, and an accounting shall be filed as the Probate Division of the Superior Court directs.
14 V.S.A. § 2402 — VT Code / Title 14 / Chapter 107 / Section 2402
§ 2402. Probate Division of the Superior Court may appoint trustees; duties
Status: in_force

(a) When, under the provisions of a will probated in another state or country, or of a decree of a court of another state or country, a devise, legacy, gift, or trust belongs to or for the benefit of a class or classes of beneficiaries in this State, whose members are not all ascertained or definitely ascertainable, or is appropriated or devoted to any purpose or benefit in which the public or a class of the public in this State is interested, the Probate Division of the Superior Court may appoint one or more trustees to take charge of the payment and distribution of the devise, legacy, gift, or trust under the will or decree.

(b) The trustee or trustees shall give bonds and render accounts annually of all transactions to the Probate Division of the Superior Court and shall be subject to the same liabilities, and the court shall have the same power as in case of other trustees appointed by the Probate Division of the Superior Court.
14 V.S.A. § 922 — VT Code / Title 14 / Chapter 61 / Section 922
§ 922. Powers of conservator; bond
Status: in_force

The Probate Division of the Superior Court shall have full discretionary authority to appoint any suitable person as conservator and may require the conservator to post an adequate surety bond and to make reports the court may deem necessary. The conservator shall have the same powers and authority as the guardian of the property of a minor or incapacitated person.
14 V.S.A. § 1216 — VT Code / Title 14 / Chapter 66 / Section 1216
§ 1216. Final distribution to domiciliary representative
Status: in_force

The estate of a nonresident decedent being administered by an executor or administrator appointed in this State shall, if there is an executor or administrator of the decedent's domicile willing to receive it, be distributed to the domiciliary executor or administrator for the benefit of the successors of the decedent unless:

(1) by virtue of the decedent's will, if any, and applicable choice of law rules, the heirs, devisees, and legatees are identified pursuant to the local law of this State without reference to the local law of the decedent's domicile;

(2) the executor or administrator of this State, after reasonable inquiry, is unaware of the existence or identity of a domiciliary executor or administrator; or

(3) the court orders otherwise in a proceeding for a final decree of distribution. In other cases, distribution of the estate of a decedent shall be made in accordance with the other sections of the chapter.
14 V.S.A. § 4063 — VT Code / Title 14 / Chapter 127 / Section 4063
§ 4063. Effect on existing powers of attorney
Status: in_force

Except as otherwise provided in this chapter, on July 1, 2023:

(1) this chapter applies to a power of attorney created before, on, or after July 1, 2023;

(2) this chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2023;

(3) this chapter applies to a judicial proceeding concerning a power of attorney commenced before July 1, 2023 unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and

(4) an act done before July 1, 2023 is not affected by this chapter.
14 V.S.A. § 1555 — VT Code / Title 14 / Chapter 73 / Section 1555
§ 1555. Sale, how conducted
Status: in_force

The license to sell the real estate shall be granted and the sale conducted as provided for the sale of real estate for the payment of the debts of a deceased person. The sale and conveyance so made by the executor or administrator shall be valid and effectual to convey the real estate.
14 V.S.A. § 1721 — VT Code / Title 14 / Chapter 77 / Section 1721
§ 1721. Distribution; court to order; persons entitled to shares may recover
Status: in_force

(a) After payment of or provision for the debts, funeral charges, and expenses of administration, allowances made for the maintenance of the family and support of the minor children, and the assignment to the surviving spouse of the elective or intestate share of the decedent's estate:

(1) the executor or administrator may distribute without court order personal estate in partial or full satisfaction of legacies, bequests, and residuary interests in an aggregate amount not to exceed one-half of the remaining estate;

(2) the court, upon motion of the executor or administrator, may order partial distribution of devises, legacies, bequests, and residual shares, or order other payments, before a final accounting and distribution; and

(3) after the Probate Division of the Superior Court approves a final accounting and the Department of Taxes provides a notice of clearance, the court shall order the distribution of the remaining estate.

(b) In its orders of distribution, the court shall name the persons and proportions or parts to which each is entitled, and such persons may demand and recover their respective shares from the executor or administrator or any other person having possession of them. In the event that the assets remaining in the hands of the executor or administrator after one or more partial distributions are insufficient to satisfy the ultimate expenses and charges against the estate, those persons having received the distributions shall be liable to repay the executor or administrator on a pro rata basis. If the executor or administrator cannot collect against one or more of the persons to whom the distributions were made, the amount not recoverable shall be equitably apportioned by the court among the other persons subject to apportionment. The court may assign the claim for recovery of previously distributed assets to persons directed by the court to repay a disproportionate amount of the total.

(c) The executor or administrator shall include in its application for distribution of the residue that the decedent has been cremated and decedent's remains properly disposed of, or that a suitable gravestone has been erected or provided for at the grave of the deceased if buried in this State, and that perpetual care has been provided for the burial lot, if any.
14A V.S.A. § 1424 — VT Code / Title 14A / Chapter 14 / Section 1424
§ 1424. Terms of second trust
Status: in_force

A reference in the Vermont Trust Code to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
14A V.S.A. § 1202 — VT Code / Title 14A / Chapter 12 / Section 1202
§ 1202. Electronic records and signatures
Status: in_force

The provisions of this title governing the legal effect, validity, or enforceability of electronic records or electronic signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.
14A V.S.A. § 1425 — VT Code / Title 14A / Chapter 14 / Section 1425
§ 1425. Settlor
Status: in_force

(a) For purposes of the law of this State other than this chapter and subject to subsection (b) of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.

(b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.
14 V.S.A. § 2802 — VT Code / Title 14 / Chapter 111 / Section 2802
§ 2802. Partition of estate of which ward has an undivided interest
Status: in_force

When a ward is joint tenant or tenant in common with others, the ward's guardian may agree with the other joint tenants or tenants in common, to make partition of the lands so held. When that agreement is made in writing and filed with the Probate Division of the Superior Court, the Probate Division of the Superior Court may make the partition. A certified copy thereof shall be recorded in the office where by law a deed of those lands is required to be recorded, and the partition shall be binding on the ward, the ward's heirs and assigns and on the parties to the agreement.
14 V.S.A. § 4009 — VT Code / Title 14 / Chapter 127 / Section 4009
§ 4009. When power of attorney effective
Status: in_force

(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

(c) If a power of attorney becomes effective upon the principal's incapacity or unavailability and the principal has not authorized a person to determine whether the principal is incapacitated or unavailable, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:

(1) a licensed health care professional working within the professional's scope of practice, including a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 and a psychologist licensed pursuant to 26 V.S.A. chapter 55, that the principal is incapacitated within the meaning of subdivision 4002(7)(A) of this chapter; or

(2) an attorney at law, a judge, or an appropriate governmental official that the principal is unavailable within the meaning of 4002(7)(B) of this chapter.

(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated or unavailable may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act; Sections 1171 through 1179 of the Social Security Act; 42 U.S.C. § 1320d, as amended; and applicable regulations to obtain access to the principal's health-care information and communicate with the principal's health-care provider.
14 V.S.A. § 3365 — VT Code / Title 14 / Chapter 118 / Section 3365
§ 3365. Asset-backed securities
Status: in_force

(a) As used in this section, “asset-backed security” means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which section 3351 or 3359 of this title applies.

(b) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

(c) If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate 10 percent of the payment to income and the balance to principal.
14A V.S.A. § 106 — VT Code / Title 14A / Chapter 1 / Section 106
§ 106. Common law of trusts; principles of equity
Status: in_force

The common law of trusts and principles of equity supplement this title, except to the extent modified by this title or another statute of this state.
14 V.S.A. § 929 — VT Code / Title 14 / Chapter 61 / Section 929
§ 929. Buildings to be kept in repair
Status: in_force

An executor or administrator shall maintain in tenantable repair the houses, buildings, and fences belonging to the estate and deliver the same in such repair to the heirs or devisees when directed by the Probate Division of the Superior Court.
14 V.S.A. § 1665 — VT Code / Title 14 / Chapter 75 / Section 1665
§ 1665. Exception; application of law
Status: in_force

Section 1662 of this title shall not affect the rights of a surviving spouse, but shall apply to the application of the net proceeds of a sale of mortgaged real estate sold pursuant to a license granted by the Probate Division of the Superior Court after February 1, 1901.
14 V.S.A. § 2691 — VT Code / Title 14 / Chapter 111 / Section 2691
§ 2691. Spouse to support and have custody
Status: in_force

The appointment of a guardian for a person who is married shall not relieve the ward's spouse from liability to support the spouse, nor shall it deprive the spouse of the custody of the ward provided the spouse is suitable and competent to care for the ward.
14A V.S.A. § 406 — VT Code / Title 14A / Chapter 4 / Section 406
§ 406. Creation of trust induced by fraud, duress, or undue influence
Status: in_force

A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
14 V.S.A. § 2891 — VT Code / Title 14 / Chapter 111 / Section 2891
§ 2891. When guardian dies or is removed pending sale, new license
Status: in_force

If the guardian dies, resigns, or is removed before the completion of a sale of real estate under a license, within two years from the time of granting the same, the court may issue a new license to his successor without further notice or hearing.
14 V.S.A. § 313 — VT Code / Title 14 / Chapter 42 / Section 313
§ 313. Surviving spouse; vessel, snowmobile, or all-terrain vehicle
Status: in_force

Whenever the estate of a decedent who dies intestate consists principally of a vessel, snowmobile, or all-terrain vehicle, the surviving spouse shall be deemed to be the owner of the vessel, snowmobile, or all-terrain vehicle, and title to the vessel, snowmobile, or all-terrain vehicle shall automatically pass to the surviving spouse. The surviving spouse may register the vessel, snowmobile, or all-terrain vehicle pursuant to 23 V.S.A. § 3816.
14 V.S.A. § 2622 — VT Code / Title 14 / Chapter 111 / Section 2622
§ 2622. Definitions
Status: in_force

As used in this article:

(1) “Child” means an individual who is under 18 years of age and who is the subject of a petition for guardianship filed pursuant to section 2623 of this title.

(2) “Child in need of guardianship” means:

(A) A child who the parties consent is in need of adult care because of any one of the following:

(i) The child's custodial parent has a serious or terminal illness.

(ii) A custodial parent's physical or mental health prevents the parent from providing proper care and supervision for the child.

(iii) The child's home is no longer habitable as the result of a natural disaster.

(iv) A custodial parent of the child is incarcerated.

(v) A custodial parent of the child is on active military duty.

(vi) A custodial parent of the child is unavailable to care for the child because the parent has been subject to an adverse immigration action.

(vii) The parties have articulated and agreed to another reason that guardianship is in the best interests of the child.

(B) A child who is:

(i) abandoned or abused by the child's parent;

(ii) without proper parental care, subsistence, education, medical, or other care necessary for the child's well-being; or

(iii) without or beyond the control of the child's parent.

(3) “Custodial parent” means a parent who, at the time of the commencement of the guardianship proceeding, has the right and responsibility to provide the routine daily care and control of the child. The rights of the custodial parent may be held solely or shared and may be subject to the court-ordered right of the other parent to have contact with the child. If physical parental rights and responsibilities are shared pursuant to court order, both parents shall be considered “custodial parents” for purposes of this subdivision.

(4) “Nonconsensual guardianship” means a guardianship with respect to which:

(A) a parent is opposed to establishing the guardianship; or

(B) a parent seeks to terminate a guardianship that the parent previously agreed to establish.

(5) “Noncustodial parent” means a parent who is not a custodial parent at the time of the commencement of the guardianship proceeding.

(6) “Parent” means a child's biological or adoptive parent, including custodial parents; noncustodial parents; parents with legal or physical responsibilities, or both; and parents whose rights have never been adjudicated.

(7) “Parent-child contact” means the right of a parent to have visitation with the child by court order.

(8) “Standby guardianship” means a consensual guardianship agreement between the custodial parent and their chosen guardian that meets the requirements of section 2626a of this title, in which the custodial parent has been subject to an adverse immigration action that has rendered the parent unavailable to care for their child.

(9) “Adverse immigration action” means:

(A) arrest or apprehension by any federal law enforcement officer for an alleged violation of federal immigration law;

(B) arrest, detention, or custody by the Department of Homeland Security, or a federal, state, or local agency authorized by or acting on behalf of the Department of Homeland Security, for an alleged violation of federal immigration law;

(C) departure from the United States under an order of removal, deportation, exclusion, voluntary departure, or expedited removal or a stipulation of voluntary departure;

(D) the denial, revocation, or delay of the issuance of a visa or transportation letter by the Department of State;

(E) the denial, revocation, or delay of the issuance of a parole document or reentry permit by the Department of Homeland Security; or

(F) the denial of admission or entry into the United States by the Department of Homeland Security or other local or state officer acting on behalf of the Department of Homeland Security.
14 V.S.A. § 4004 — VT Code / Title 14 / Chapter 127 / Section 4004
§ 4004. Power of attorney is durable
Status: in_force

A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity or unavailability of the principal.
14 V.S.A. § 10 — VT Code / Title 14 / Chapter 1 / Section 10
§ 10. Devise or legacy to witness
Status: in_force

Any beneficial devise or legacy made or given in a will to a subscribing witness to the will or to the spouse of a subscribing witness shall be voidable unless there are two other competent, subscribing witnesses to the will. Notwithstanding this section, a provision in the will for payment of a debt shall not be void or disqualify the creditor as a witness to the will.
14 V.S.A. § 3110 — VT Code / Title 14 / Chapter 113 / Section 3110
§ 3110. Petitions and accounts, notices and hearings
Status: in_force

(a) Every guardian who has received or shall receive on account of his ward any monies or other thing of value from the Veterans' Administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all monies or other things of value so received by him or her, all earnings, interest, or profits derived therefrom and all property acquired therewith and of all disbursements therefrom, and showing the balance thereof in his or her hands at the date of the account and how invested.

(b) At the time of filing any account, the guardian shall exhibit all securities or investments held by him or her to an officer of the bank or other depository wherein such securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his or her bond, or to the judge or clerk of a court of record in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he or she has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof a certificate that the securities or investments shown therein as held by the guardian were each in fact exhibited to him or her and that those exhibited to him or her were the same as those shown in the account, and noting any omission or discrepancy. That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his account.

(c) At the time of filing any account in the court, a certified copy thereof and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the Veterans' Administration having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of any petition, motion, or other pleading, pertaining to an account, or to any matter other than an account, and which is filed in the guardianship proceedings or in any proceeding for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the person filing the same to the proper office of the Veterans' Administration. Unless hearing be waived in writing by the attorney of the Veterans' Administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion, or other pleading not less than 15 days nor more than 30 days from the date same is filed, unless a different available date be stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the Veterans' Administration office concerned and the guardian and any others entitled to notice not less than 15 days prior to the date fixed for the hearing. The notice may be given by mail in which event it shall be deposited in the mails not less than 15 days prior to such date. The court, or clerk thereof, shall mail to such Veterans' Administration office a copy of each order entered in any guardianship proceeding wherein the administrator is an interested party.

(d) If the guardian is accountable for property derived from sources other than the Veterans' Administration, he or she shall be accountable as is or may be required under the applicable law of this State pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the Veterans' Administration, and as to such other property shall be entitled to the compensation provided by such law. The account for other property may be combined with the account filed in accordance with this section.
14 V.S.A. § 2850 — VT Code / Title 14 / Chapter 111 / Section 2850
§ 2850. Ward not to be sued; action commenced before appointment may proceed
Status: in_force

A writ or execution shall not be issued against a ward for a debt while he or she is under guardianship; but actions commenced against a person before the appointment of his guardian may be prosecuted to final judgment. A creditor may have execution against the real or personal estate of the ward on which he or she had a previous lien by attachment, and such real or personal estate may be disposed of according to law to satisfy such execution.
14A V.S.A. § 908 — VT Code / Title 14A / Chapter 9 / Section 908
§ 908. Express total return unitrusts
Status: in_force

(a) The following provisions shall apply to a trust that, by its governing instrument, requires or permits the distribution, at least annually, of a unitrust amount equal to a fixed percentage of not less than three nor more than five percent per year of the fair market value of the trust's assets, valued at least annually, such trust to be referred to in this section as an “express total return unitrust.”

(b) The unitrust amount for an express total return unitrust may be determined by reference to the fair market value of the trust's assets in one year or more than one year.

(c) Distribution of such a fixed percentage unitrust amount is considered a distribution of all of the income of the express total return unitrust.

(d) An express total return unitrust may provide a mechanism for changing the unitrust percentage similar to the mechanism provided under section 907 of this title, based upon the factors noted therein, and may provide for a conversion from a unitrust to an income trust or a reconversion of an income trust to a unitrust similar to the mechanism under section 907 of this title.

(e) If an express total return unitrust does not specifically or by reference to section 907 of this title deny a power to change the unitrust percentage or to convert to an income trust, then the trustee shall have such power.

(f) The distribution of a fixed percentage of not less than three percent nor more than five percent reasonably apportions the total return of an express total return unitrust.

(g) The trust instrument may grant discretion to the trustee to adopt a consistent practice of treating capital gains as part of the unitrust distribution, to the extent that the unitrust distribution exceeds the net accounting income, or it may specify the ordering of such classes of income.

(h) Unless the terms of the trust specifically provide otherwise, a distribution of the unitrust amount from an express total return unitrust shall be considered to have been made from the following sources in order of priority:

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

(2) from ordinary income not allocable to net accounting income;

(3) after calculating the trust's capital gain net income as described in the Internal Revenue Code of 1986 (as in effect on the effective date of this title and referred to in this section as the “I.R.C.”), § 1222(9), from net realized short-term capital gain as described in I.R.C. § 1222(5) and then from net realized long-term capital gain described in I.R.C. § 1222(7); and

(4) from the principal of the trust.

(i) The trust instrument may provide that:

(1) assets for which a fair market value cannot be readily ascertained shall be valued using such valuation methods as are deemed reasonable and appropriate; and

(2) assets used by a trust beneficiary, such as a residence property or tangible personal property, may be excluded from the net fair market value for computing the unitrust amount.
14 V.S.A. § 3323 — VT Code / Title 14 / Chapter 118 / Section 3323
§ 3323. Fiduciary duties; general principles
Status: in_force

(a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of subchapter 2 or 3 of this chapter, a fiduciary:

(1) shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this chapter;

(2) may administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this chapter;

(3) shall administer a trust or estate in accordance with this chapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and

(4) shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.

(b) In exercising the power to adjust under subsection 3324(a) of this title or a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the terms of a trust, a will, or this chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries.
14 V.S.A. § 2654 — VT Code / Title 14 / Chapter 111 / Section 2654
§ 2654. Control over property in another state
Status: in_force

A guardian appointed by a Probate Division of the Superior Court in this State shall have the same power and authority to take possession of, manage, sell and convey personal property and real estate of his or her ward, situate in another state or foreign country, as he or she has over like property situated in this State. Such guardian shall account to the Probate Division of the Superior Court of this State for all property of his or her ward in another state or foreign country, which comes into his or her hands and control.
14 V.S.A. § 3001 — VT Code / Title 14 / Chapter 111 / Section 3001
§ 3001. Removal; resignation; marriage of guardian; vacancies
Status: in_force

If a guardian for a minor neglects to render an account as required by the Vermont Rules of Probate Procedure or to appear, or to perform an order or decree of the Probate Division of the Superior Court, or absconds or becomes mentally disabled or otherwise incapable or unsuitable to discharge the trust, the Probate Division of the Superior Court may remove or may allow the guardian to resign. Marriage shall not extinguish a guardian's authority. When a guardianship becomes vacant, the court may make a new appointment.
14 V.S.A. § 2650 — VT Code / Title 14 / Chapter 111 / Section 2650
§ 2650. Minor's choice of guardian
Status: in_force

Minors residing in the State and having reached the age of 14 years may choose their guardians, subject to the approval of the Probate Division of the Superior Court, and may appear before the court or before a Superior judge and make their choice. The certificate of such magistrate shall be sufficient evidence to the court of the minor's choice.
14 V.S.A. § 4039 — VT Code / Title 14 / Chapter 127 / Section 4039
§ 4039. Operation of entity or business
Status: in_force

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:

(1) operate, buy, sell, enlarge, reduce, or terminate an ownership interest;

(2) perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have;

(3) enforce the terms of an ownership agreement;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;

(5) exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds;

(6) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;

(7) with respect to an entity or business owned solely by the principal:

(A) continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;

(B) determine:

(i) the location of its operation;

(ii) the nature and extent of its business;

(iii) the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;

(iv) the amount and types of insurance carried; and

(v) the mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors;

(C) change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and

(D) demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;

(8) put additional capital into an entity or business in which the principal has an interest;

(9) join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;

(10) sell or liquidate all or part of an entity or business;

(11) establish the value of an entity or business under a buy-out agreement to which the principal is a party;

(12) prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and

(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
14 V.S.A. § 1802 — VT Code / Title 14 / Chapter 79 / Section 1802
§ 1802. Determination by court of persons entitled to estate
Status: in_force

If the court determines that the heirs or personal representatives of the deceased person are not at the time of the hearing in possession of the real estate and are not entitled to reenter it or to institute and maintain a suit to recover possession of it, the court shall adjudge and decree that the real estate constitutes no beneficial part of the estate of the deceased person and may appoint an administrator to convey the record title of the real estate to the person or persons adjudged by the court to be legally entitled to it.
14 V.S.A. § 131 — VT Code / Title 14 / Chapter 4 / Section 131
§ 131. Definitions
Status: in_force

As used in this chapter:

(1) “International will” means a will executed pursuant to the requirements of this chapter.

(2) “Authorized person” and “person authorized to act in connection with international wills” means a person who is authorized to supervise the execution of international wills pursuant to this chapter or federal law, including a member of the diplomatic and consular service of the United States designated by Foreign Service Regulations.
14A V.S.A. § 1103 — VT Code / Title 14A / Chapter 11 / Section 1103
§ 1103. Trust advisor and trust protector subject to court jurisdiction
Status: in_force

By accepting appointment to serve as a trust advisor or trust protector, the trust advisor or the trust protector submits personally to the jurisdiction of the courts of this State even if investment advisory agreements or other related agreements provide otherwise, and the trust advisor or trust protector may be made a party to any action or proceeding relating to a decision, action, or inaction of the trust advisor or trust protector.
14 V.S.A. § 3225 — VT Code / Title 14 / Chapter 115 / Section 3225
§ 3225. Custodian's expenses, compensation, and bond
Status: in_force

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.

(b) Except for one who is a transferor under section 3214 of this title, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.

(c) Except as provided in subsection 3228(f) of this title, a custodian need not give a bond.
14 V.S.A. § 3363 — VT Code / Title 14 / Chapter 118 / Section 3363
§ 3363. Property not productive of income
Status: in_force

(a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under section 3324 of this title and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by subsection 3324(a) of this title. The trustee may decide which action or combination of actions to take.

(b) In cases not governed by subsection (a) of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period.
14 V.S.A. § 3120 — VT Code / Title 14 / Chapter 113 / Section 3120
§ 3120. Application of chapter
Status: in_force

The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all “income” and “estate” as defined in section 3101 of this title, whether the guardian shall have been appointed under this chapter or under any other law of this State, special or general, prior or subsequent to the enactment hereof.
14 V.S.A. § 908 — VT Code / Title 14 / Chapter 61 / Section 908
§ 908. Bonds of joint administrators and executors
Status: in_force

When two or more persons are appointed as executors or administrators, the Probate Division of the Superior Court may take a separate bond from each, with or without sureties, or a joint bond with or without sureties from any or all.
14A V.S.A. § 1412 — VT Code / Title 14A / Chapter 14 / Section 1412
§ 1412. Decanting power under limited distributive discretion
Status: in_force

(a) As used in this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.

(b) An authorized fiduciary who has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.

(c) Under this section and subject to section 1414 of this title, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, shall grant each beneficiary of the first trust beneficial interests that are substantially similar to the beneficial interests of the beneficiary in the first trust.

(d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:

(1) the distribution is applied for the benefit of the beneficiary;

(2) the beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under the Vermont Trust Code; or

(3) the distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.

(e) If an authorized fiduciary has limited 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 limited distributive discretion.
14 V.S.A. § 2800 — VT Code / Title 14 / Chapter 111 / Section 2800
§ 2800. Disputed claim may be referred
Status: in_force

When there is a disputed claim between a guardian, on behalf of the ward, and any other person, with the consent of the parties in writing the Probate Division of the Superior Court may refer it to a master as provided by the Rules of Probate Procedure.
14 V.S.A. § 3081 — VT Code / Title 14 / Chapter 111 / Section 3081
§ 3081. Emergency temporary guardian pending final hearing on petition
Status: in_force

(a) When a petition for guardianship has been filed, but adherence to the procedures set out in this subchapter would cause serious and irreparable harm to the respondent's physical health or financial interests, the Probate Division of the Superior Court may appoint an emergency temporary guardian prior to the final hearing and decision on the petition, subject to the requirements of this section.

(b) If a guardianship petition is accompanied by a motion for emergency temporary guardianship, the court shall schedule a hearing on the appointment of an emergency temporary guardian for the earliest possible date. The court shall appoint counsel for the respondent and cause notice to be given as provided by the Vermont Rules of Probate Procedure (VRPP). Upon a showing by sworn affidavit that notice cannot be given within the time periods, in the manner, or to the persons required by the VRPP, the court may allow a hearing to go forward upon such notice as the court may direct. The court may appoint an emergency temporary guardian if it finds that serious and irreparable harm to the respondent's physical health or financial interests will likely result during the pendency of the petition.

(c) An emergency temporary guardian may be appointed without notice to the respondent or respondent's counsel only if it clearly appears from specific facts shown by affidavit or sworn testimony that immediate, serious, and irreparable harm will result to the respondent before the hearing on the appointment of an emergency temporary guardian can be held. A request for ex parte emergency temporary guardianship under this section shall be made by written motion, accompanied by a petition for guardianship, unless waived by the court for good cause shown. If the court appoints an ex parte emergency temporary guardian, the court shall immediately schedule a temporary hearing in accordance with subsection (b) of this section. The ex parte order shall state why the order was granted without notice and include findings on the immediate, serious, and irreparable harm. The ex parte order shall be for a fixed period of time, not to exceed 14 days, and shall expire on its terms unless extended after the temporary hearing. If the temporary hearing cannot be held before the ex parte order expires, the ex parte order can be extended for good cause shown for an additional 14 days until the temporary hearing is held.

(d) A temporary guardianship order expires when the court renders a final decision on the guardianship petition. If the final decision is not rendered within 90 days of the filing of the petition, the court shall schedule a hearing to review the need for continuation of the temporary guardianship order.
14 V.S.A. § 1801 — VT Code / Title 14 / Chapter 79 / Section 1801
§ 1801. Title in deceased persons; petition to Probate Division of the Superior Court
Status: in_force

When the record title to real estate or an interest therein stands in the name of a person who has been deceased for more than seven years and the estate of the person has not been probated and the interest of the heirs in that real estate has not been conveyed or has been defectively conveyed, the Probate Division of the Superior Court where venue lies, upon verified petition and after notice and hearing as provided by the Rules of Probate Procedure, shall determine whether the deceased person or the decedent's heirs are possessed of an existing enforceable title or interest in that real estate.
14 V.S.A. § 3216 — VT Code / Title 14 / Chapter 115 / Section 3216
§ 3216. Other transfer by fiduciary
Status: in_force

(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor, pursuant to section 3219 of this title, in the absence of a will or under a will or trust that does not contain an authorization to do so.

(b) Subject to subsection (c) of this section, a financial guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor, pursuant to section 3219 of this title.

(c) A transfer under subsection (a) or (b) of this section may be made only if:

(1) the personal representative, trustee, or financial guardian considers the transfer to be in the best interest of the minor;

(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and

(3) the transfer is authorized by the court if it exceeds $10,000.00 in value.
14 V.S.A. § 3076 — VT Code / Title 14 / Chapter 111 / Section 3076
§ 3076. Annual reports; final accounting; fees
Status: in_force

(a) The guardian shall file an annual report with the appointing court within 30 days of the anniversary date of the appointment.

(b) The annual report shall contain:

(1) a financial accounting as required by section 2921 of this title if the guardian has been granted power over income and resources pursuant to subdivision 3069(c)(4) of this title;

(2) a report on the progress and condition of the person under guardianship, including his or her health, medical and dental care, residence, education, employment, and habilitation;

(3) a report on the manner in which the guardian carried out his or her powers and fulfilled his or her duties; and

(4) the guardian's opinion regarding the continued need for guardianship.

(c) If the guardian has been granted power over income and resources pursuant to subdivision 3069(c)(4) of this title, at the termination of the guardianship, the guardian shall render a final accounting as required by section 2921 of this title.

(d)(1) Except as provided in subdivision (2) of this subsection, the guardian shall not be paid any fees to which he or she may be entitled, or reimbursed for any of his or her expenses from the estate of the person under guardianship until the annual reports or final accounting required by this section has been filed with the court.

(2) The guardian may at any time apply by motion to the Probate Division of the Superior Court for payment of fees or reimbursement of expenses incurred as a result of the guardianship. The court may grant the motion and approve payment if it finds the expenses were reasonable and supported by documentary evidence.
14A V.S.A. § 1414 — VT Code / Title 14A / Chapter 14 / Section 1414
§ 1414. Protection of charitable interest
Status: in_force

(a) As used in this section:

(1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and that is unconditional or will be held solely for charitable purposes.

(2) “Unconditional” means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the U.S. Internal Revenue Code of 1986 on the date of the distribution, if the charitable organization meets the requirement on the date of determination.

(b) If a first trust contains a determinable charitable interest, the Attorney General shall have the rights of a qualified beneficiary and may represent and bind the charitable interest.

(c) If a first trust contains a charitable interest, the second trust or trusts shall not:

(1) diminish the charitable interest;

(2) diminish the interest of an identified charitable organization that holds the charitable interest;

(3) alter any charitable purpose stated in the first-trust instrument; or

(4) alter any condition or restriction related to the charitable interest.

(d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c) of this section.

(e) If a first trust contains a determinable charitable interest, the second trust or trusts that include a charitable interest pursuant to subsection (c) of this section shall be administered under the law of this State unless:

(1) the Attorney General, after receiving notice under section 1407 of this title, fails to object in a signed record delivered to the authorized fiduciary within the notice period;

(2) the Attorney General consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or

(3) the court approves the exercise of the decanting power.

(f) This chapter shall not limit the powers and duties of the Attorney General under the law of this State other than as provided in this chapter.
14 V.S.A. § 2663 — VT Code / Title 14 / Chapter 111 / Section 2663
§ 2663. Parent of the minor; rights and obligations; support
Status: in_force

(a) While a permanent guardianship is in effect, the parent shall have the following rights:

(1) Visitation, contact and information to the extent delineated in the order issued by the family division of the superior court. The family division of the superior court shall issue an order regarding visitation, contact and information based on the best interests of the child. The order may prohibit visitation, contact and information. The order may incorporate an agreement reached among the parties.

(2) Inheritance by and from the child.

(3) Right to consent to adoption of the child.

(b) After the court has issued a final order establishing permanent guardianship, the parent shall have no right to seek termination of the guardianship order. The parent may seek only enforcement or modification of an order of visitation, contact or information.

(c) The parent shall have the primary responsibility to support the child.

(1) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement.

(2) If the child has been in the custody of the Commissioner for Children and Families immediately prior to the creation of the guardianship, the Commissioner shall have no further duty of support or care for the child after the establishment of the permanent guardianship unless the family is eligible for kinship guardianship assistance provided for in 33 V.S.A. § 4903 or the Commissioner contractually agrees in writing to that support.
14 V.S.A. § 2329 — VT Code / Title 14 / Chapter 105 / Section 2329
§ 2329. Testamentary additions to trusts; pour over trusts
Status: reserved

A devise or bequest, the validity of which is determinable by the law of this State, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons, including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator. Unless the testator's will provides otherwise, the property so devised or bequeathed: (a) shall not be deemed to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given; and (b) shall be administered and disposed of in accordance with the provisions of the instrument or a will of a person other than the testator setting forth the terms of the trust, including any amendments thereto made before the death of the testator, regardless of whether made before or after the execution of the testator's will, and, if the testator's will so provides, including any amendments to the trust made after the death of the testator. A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse. However, when the testator's will specifically sets forth the terms of the trust, whether or not the trust is subsequently amended, revoked, or terminated, the property devised or bequeathed under the will shall be deemed to be held under a testamentary trust of the testator and shall be administered and disposed of in accordance with the provision of the testator's will.
14 V.S.A. § 1552 — VT Code / Title 14 / Chapter 73 / Section 1552
§ 1552. Person entrusted with estate may be compelled to render account
Status: in_force

On motion of an executor or administrator, the court may order a person who is entrusted by an executor or administrator with any part of the estate of the deceased person to appear under oath and render a full accounting of the property. If the person so ordered refuses to appear and render an account, the person may be subject to proceedings for civil contempt under 12 V.S.A. § 122.
14 V.S.A. § 3063 — VT Code / Title 14 / Chapter 111 / Section 3063
§ 3063. Petition for guardianship
Status: in_force

An interested person may file a petition with the Probate Division of the Superior Court for the appointment of a guardian. The petition shall state:

(1) the names and addresses of the petitioner and the respondent; if known, the name and address of a near relative of the respondent; the name and address of the person nominated as guardian in an advance directive; and the name and address of the current guardian, and agent named in an advance directive or in a power of attorney;

(2) the interest of the petitioner in the respondent;

(3) that the respondent is alleged to be a person in need of guardianship, and that the respondent is at least 18 years of age or will become 18 years of age within four months of the filing of a petition;

(4) specific reasons with supporting facts why guardianship is sought;

(5) the specific areas where supervision and protection is requested and the powers of the guardian requested for inclusion in the court's order;

(6) the nature, description, and approximate value of the respondent's income and resources, including public benefits and pension;

(7) if a specific individual is proposed as guardian, the name and address of the proposed guardian and the relationship of the proposed guardian to the respondent; and

(8) alternatives to guardianship that have been considered and an explanation as to why each alternative is unavailable or unsuitable.
14 V.S.A. § 1411 — VT Code / Title 14 / Chapter 71 / Section 1411
§ 1411. Disputed claim may be referred
Status: in_force

When there is a disputed claim between an executor or administrator on behalf of the estate and another person, it may be referred to a master as provided by the Rules of Probate Procedure. The award, made in writing and returned to and accepted by the court, shall be final between the parties.
14 V.S.A. § 1205 — VT Code / Title 14 / Chapter 66 / Section 1205
§ 1205. Classification of claims
Status: in_force

(a) If the applicable assets of the estate are insufficient to pay all claims in full, the executor or administrator shall make payment in the following order:

(1) costs and expenses of administration;

(2) reasonable funeral, burial, and headstone expenses, and perpetual care, not to exceed $3,800.00 exclusive of governmental payments, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him or her;

(3) wages due employees which have been earned within three months prior to the death of the decedent, not to exceed $300.00 to each claimant;

(4) all other claims; including the balance of wages due but unpaid under subdivision (3) of this subsection.

(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due but the same shall be prorated if there are insufficient assets to satisfy all claims within the class.
14 V.S.A. § 110 — VT Code / Title 14 / Chapter 3 / Section 110
§ 110. Absence of witness, proof
Status: in_force

When it appears to the court that a will cannot be proven as otherwise provided by law, because one or more of the subscribing witnesses are unavailable or incapable of testifying, the court may admit the will to probate upon the testimony in person or by affidavit of at least one credible disinterested individual that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of the handwriting, and the will on its face complies with other legal requirements. This section shall not preclude the court, in its discretion, from requiring additional testimony of any available subscribing witness or proof of other pertinent facts and circumstances that the court deems necessary to admit the will to probate.
14 V.S.A. § 4045 — VT Code / Title 14 / Chapter 127 / Section 4045
§ 4045. Retirement plans
Status: in_force

(a) As used in this section, “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:

(1) an individual retirement account under Internal Revenue Code § 408, 26 U.S.C. § 408, as amended;

(2) a Roth individual retirement account under Internal Revenue Code § 408A, 26 U.S.C. § 408A, as amended;

(3) a deemed individual retirement account under Internal Revenue Code § 408(q), 26 U.S.C. § 408(q), as amended;

(4) an annuity or mutual fund custodial account under Internal Revenue Code § 403(b), 26 U.S.C. § 403(b), as amended;

(5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code § 401(a), 26 U.S.C. § 401(a), as amended;

(6) a plan under Internal Revenue Code § 457(b), 26 U.S.C. § 457(b), as amended; and

(7) a nonqualified deferred compensation plan under Internal Revenue Code § 409A, 26 U.S.C. § 409A, as amended.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:

(1) select the form and timing of payments under a retirement plan and withdraw benefits from a plan;

(2) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;

(3) establish a retirement plan in the principal's name;

(4) make contributions to a retirement plan;

(5) exercise investment powers available under a retirement plan; and

(6) borrow from, sell assets to, or purchase assets from a retirement plan.
14 V.S.A. § 2110 — VT Code / Title 14 / Chapter 101 / Section 2110
§ 2110. Claims for breach may be prosecuted by representatives
Status: in_force

Claims for damages for breach of the conditions of a bond may be prosecuted by an executor, administrator, or guardian in behalf of those he or she represents, in the same manner as by persons living. The claims may be prosecuted against the representatives of deceased persons as other claims against decedents.
14A V.S.A. § 202 — VT Code / Title 14A / Chapter 2 / Section 202
§ 202. Jurisdiction over trustee and beneficiary
Status: in_force

(a) By accepting the trusteeship of a trust having its principal place of administration in this State or by moving the principal place of administration to this State, the trustee submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.

(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this State are subject to the jurisdiction of the courts of this State regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.

(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
14 V.S.A. § 136 — VT Code / Title 14 / Chapter 4 / Section 136
§ 136. Effect of certificate
Status: in_force

In the absence of contrary evidence, a certificate by an authorized person that complies with the requirements of section 135 of this title shall be conclusive as to the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate by an authorized person shall not affect the validity of a will under this chapter.
14 V.S.A. § 2623 — VT Code / Title 14 / Chapter 111 / Section 2623
§ 2623. Petition for guardianship of minor; service
Status: in_force

(a) A parent or a person interested in the welfare of a minor may file a petition with the Probate Division of the Superior Court for the appointment of a guardian for a child. The petition shall state:

(1) the names and addresses of the parents, the child, and the proposed guardian;

(2) the proposed guardian's relationship to the child;

(3) the names of all members of the proposed guardian's household and each person's relationship to the proposed guardian and the child;

(4) that the child is alleged to be a child in need of guardianship;

(5) specific reasons with supporting facts why guardianship is sought;

(6) whether the parties agree that the child is in need of guardianship and that the proposed guardian should be appointed as guardian;

(7) the child's current school and grade level;

(8) if the proposed guardian intends to change the child's current school, the name and location of the proposed new school and the estimated date when the child would enroll;

(9) the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period;

(10) any prior or current court proceedings, child support matters, or parent-child contact orders involving the child;

(11) whether the petition seeks a standby guardianship and the reasons for the request, including the adverse immigration action that the custodial parent is subject to; and

(12) whether the petition is an emergency petition filed pursuant to subdivision 2625(f)(1) of this title.

(b)(1) A petition for guardianship of a child under this section shall be served on all parties and interested persons as provided by Rule 4 of the Vermont Rules of Probate Procedure.

(2)(A) The Probate Division may waive the notice requirements of subdivision (1) of this subsection (b) with respect to a parent if the court finds that:

(i) the identity of the parent is unknown;

(ii) the location of the parent is unknown and cannot be determined with reasonable effort; or

(iii)(I) the custodial parent is detained as the result of an adverse immigration action; and

(II) the guardian and the custodial parent's attorney are unable to contact the custodial parent after making reasonable efforts.

(B) After a guardianship for a child is created, the Probate Division shall reopen the proceeding at the request of a parent of the child who did not receive notice of the proceeding as required by this subsection (b).
14A V.S.A. § 101 — VT Code / Title 14A / Chapter 1 / Section 101
§ 101. Short title
Status: in_force

This title may be cited as the Vermont Trust Code.
14A V.S.A. § 1010 — VT Code / Title 14A / Chapter 10 / Section 1010
§ 1010. Limitation on personal liability of trustee
Status: in_force

(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in making the contract disclosed the fiduciary capacity. The addition of the phrase “trustee” or “as trustee” or a similar designation to the signature of a trustee on a written contract is considered prima facie evidence of a disclosure of fiduciary capacity.

(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.

(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
14 V.S.A. § 3215 — VT Code / Title 14 / Chapter 115 / Section 3215
§ 3215. Transfer authorized by will or trust
Status: in_force

(a) A personal representative or trustee may make an irrevocable transfer pursuant to section 3219 of this title to a custodian for the benefit of a minor as authorized in the governing will or trust.

(b) If the testator or settlor has nominated a custodian under section 3213 of this title to receive the custodial property, the transfer must be made to that person.

(c) If the testator or settlor has not nominated a custodian under section 3213 of this title, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection 3219(a) of this title.
14A V.S.A. § 1314 — VT Code / Title 14A / Chapter 13 / Section 1314
§ 1314. Defenses in action against trust director
Status: in_force

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
14 V.S.A. § 317 — VT Code / Title 14 / Chapter 42 / Section 317
§ 317. Allowance to children before payment of debts
Status: in_force

The court may make reasonable allowance for the necessary expenses of support and maintenance of any children of the decedent until they reach 18 years of age. The court may order the executor or administrator to retain sufficient estate assets for that purpose, except where some provision is made by will for their support. The allowance shall be made before any distribution of the estate among creditors, heirs, or beneficiaries by will.
14A V.S.A. § 408 — VT Code / Title 14A / Chapter 4 / Section 408
§ 408. Trust for care of animal
Status: in_force

(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.

(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the Probate Division of the Superior Court. A person having an interest in the welfare of the animal may request the Probate Division of the Superior Court to appoint a person to enforce the trust or to remove a person appointed.

(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the Probate Division of the Superior Court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.
14 V.S.A. § 927 — VT Code / Title 14 / Chapter 61 / Section 927
§ 927. Executor or administrator of deceased partner-access to books
Status: in_force

The executor or administrator of a deceased partner at all times shall have access to and make examination and take copies of the books and papers relating to the partnership business, and at all times shall have the right to examine and make invoices of the property belonging to the partnership. The surviving partner or partners, on request, shall exhibit to him or her all the books, papers, and property in their hands or control.
14 V.S.A. § 2630 — VT Code / Title 14 / Chapter 111 / Section 2630
§ 2630. Parent-child contact
Status: in_force

(a) The court shall order parent-child contact unless it finds that denial of parent-child contact is necessary to protect the physical safety or emotional well-being of the child. Except for good cause shown, the order shall be consistent with any existing parent-child contact order. The order should permit the child to have contact of reasonable duration and frequency with the child's siblings, if appropriate.

(b) The court may determine the reasonable frequency and duration of parent-child contact and may set conditions for parent-child contact that are in the child's best interests.

(c) The court may modify the parent-child contact order upon motion of a party or upon the court's own motion, or if the parties stipulate to the modification.
14 V.S.A. § 3093 — VT Code / Title 14 / Chapter 111 / Section 3093
§ 3093. Powers and duties of Public Guardian
Status: in_force

In addition to the powers and duties of guardians set forth in subchapter 12 of this chapter, the Office of Public Guardian through its designees shall:

(1) Be considered a person interested in the welfare of the ward for purposes of filing a motion under section 3077 of this title for termination or modification of guardianship.

(2) Visit the facility in which the ward is to be placed if it is proposed that the ward be placed outside his or her home.

(3) Monitor the ward and the ward's care and progress on a continuing basis. Monitoring shall, at a minimum, consist of quarterly personal contact with the ward. The Office of Public Guardian shall maintain a written record of each visit with a ward. A copy of this record shall be filed with the Probate Division of the Superior Court as part of the annual report required under section 3076 of this title. The Office, through its designees, shall maintain periodic contact with all individuals and agencies, public or private, providing care or related services to the ward.
14 V.S.A. § 3068 — VT Code / Title 14 / Chapter 111 / Section 3068
§ 3068. Hearing
Status: in_force

(a) The respondent, the petitioner, and all other persons to whom notice has been given pursuant to section 3064 of this title may attend the hearing and testify. The respondent and the petitioner may subpoena, present, and cross-examine witnesses, including those who prepared the evaluation. The court may exclude any person not necessary for the conduct of the hearing on motion of the respondent.

(b) The hearing shall be conducted in a manner consistent with orderly procedure and in a setting not likely to have a harmful effect on the mental or physical health of the respondent.

(c) The evaluation shall be received into evidence, if the persons who prepared the evaluation are available for the hearing or subject to service of subpoena. However, the court shall not be bound by the evidence contained in the evaluation, but shall make its determination upon the entire record. In all cases, the court shall make specific findings of fact, state separately its conclusions of law and direct the entry of an appropriate judgment.

(d) The petitioner may be represented by counsel in any proceedings brought under this chapter.

(e)(1) If upon completion of the hearing and consideration of the record the court finds that the respondent is not a person in need of guardianship, it shall dismiss the petition and seal the records of the proceeding.

(2) If a motion to withdraw the petition is made before the final hearing, the court shall dismiss the petition and seal the records of the proceeding.

(f) If upon completion of the hearing and consideration of the record the court finds that the petitioner has proved by clear and convincing evidence that the respondent is a person in need of guardianship or will be a person in need of guardianship on attaining 18 years of age, it shall enter judgment specifying the powers of the guardian pursuant to sections 3069 and 3070 of this title and the duties of the guardian pursuant to section 3071 of this title.

(g) Any party to the proceeding before the court may appeal the court's decision in the manner provided in section 3080 of this title.
14 V.S.A. § 2889 — VT Code / Title 14 / Chapter 111 / Section 2889
§ 2889. If guardian grantee, judge to convey; deed, effect of
Status: in_force

If the contract is to convey lands to the guardian, the judge of the Probate Division shall execute the deed. Such deed, or the deed of the guardian, as the case may be, shall be as effectual to convey the lands as if executed by the ward when not under guardianship.
14 V.S.A. § 2923 — VT Code / Title 14 / Chapter 111 / Section 2923
§ 2923. Property may be ordered into hands of nonresident guardian; proceedings
Status: in_force

(a) When a guardian and ward are nonresidents and the ward is entitled to property in this State, the guardian may petition the Probate Division of the Superior Court for removal of the property. The petition shall set forth that the removal of the property of the ward will not conflict with the terms and limitations of the right by which the ward owns the same nor be prejudicial to the ward's interests therein. The petition shall be accompanied by a complete transcript from the records of a court of competent jurisdiction of the state in which the guardian and ward reside, duly exemplified or authenticated, showing appointment as guardian of the ward and that, by bond or otherwise, satisfactory security has been given for the faithful execution of the trust.

(b) The transcript shall be filed in the court, and the guardian shall thereupon be entitled to receive letters or a certificate of guardianship of the estate of the ward from the court, which shall authorize the guardian to demand, sue for, and recover property and remove the same to the other state.

(c) The court may order a resident guardian, executor, or administrator, having any of the estate of the ward, to deliver the same to the nonresident guardian, provided that all debts in favor of residents or citizens of this State, known to exist against the estate, whether due or to become due, have first been paid or tendered.
14 V.S.A. § 2922 — VT Code / Title 14 / Chapter 111 / Section 2922
§ 2922. By guardian of nonresident ward
Status: in_force

When a minor or other person has a guardian in this State, but resides in another state or country, and it is shown to the court that such minor or other person has a guardian in the state or country where he or she resides, and that such guardian, by bond or otherwise, has given satisfactory security for the faithful performance of his or her trust, the court may order the first named guardian to settle his or her account and pay over the estate of his or her ward to the nonresident guardian, if it appears to the court that such transfer will be for the interests of the ward.
14 V.S.A. § 319 — VT Code / Title 14 / Chapter 42 / Section 319
§ 319. Elective share of surviving spouse; notice of rights
Status: in_force

(a) Subject to subsection (d) of this section, a surviving spouse may elect to waive the provisions of the decedent's will and in lieu thereof elect to take one-half of the balance of the probate estate, after the payment of allowances, claims, and expenses.

(b) The surviving spouse must be living at the time this election is made. An election under this section may be signed on behalf of the surviving spouse by a guardian, an agent, or an attorney-in-fact under a power of attorney that:

(1) expressly grants the authority to make the election; or

(2)(A) grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal's property that is as broad or comprehensive as the principal could exercise for himself or herself; and

(B) does not expressly exclude the authority to make the election.

(c) An agent or attorney-in-fact may petition the Probate Division of the Superior Court to determine whether a power of attorney described in subdivision (b)(2) grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself.

(d) A surviving spouse may not elect against a deceased spouse's will under this section if the surviving spouse has waived the right to elect against the deceased spouse's will pursuant to section 323 of this title.

(e)(1) The court shall provide the surviving spouse with a notice of the rights of the surviving spouse not later than 30 days from the filing of the initial inventory.

(2) Unless otherwise ordered by the court, a surviving spouse shall file with the court a written election to waive the provisions of a decedent's will within four months of the later of the following dates:

(A) the date of service of the notice of rights of surviving spouse; or

(B) the date of service of the inventory.

(f) Upon the filing of any subsequent or amended inventory or any accounting that reports previously undisclosed property owned by the decedent as of the date of death, the surviving spouse shall have 30 days from the date of service of the filing to elect against the newly reported property, unless otherwise ordered by the court.
14 V.S.A. § 1201 — VT Code / Title 14 / Chapter 66 / Section 1201
§ 1201. Notice to creditors
Status: in_force

(a) The Probate Division of the Superior Court may issue an order excusing the executor or administrator from complying with the notice to creditors provisions of the Rules of Probate Procedure when it appears to the court that:

(1) there are no debts existing against the decedent; or

(2) that the debts against the decedent are all known to the executor or administrator and there are funds to pay them; or

(3) the value of the estate does not exceed the sum of $2,500.00 and is assigned for the support of the surviving spouse.

(b) If notice is not given because an order is entered as provided in subsection (a) of this section, any assets distributed by the administrator or executor will be subject to any claims later established, and sections 1202 and 1203 of this title shall apply, but the executors or administrators will not be liable to distributees for losses to them when required to reimburse creditors.
14A V.S.A. § 802 — VT Code / Title 14A / Chapter 8 / Section 802
§ 802. Duty of loyalty
Status: in_force

(a) A trustee shall administer the trust solely in the interests of the beneficiaries.

(b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 1012 of this title, a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless:

(1) the transaction was authorized by the terms of the trust;

(2) the transaction was approved by the Probate Division of the Superior Court;

(3) the beneficiary did not commence a judicial proceeding within the time allowed by section 1005 of this title;

(4) the beneficiary consented to the trustee's conduct, ratified the transaction, or released the trustee in compliance with section 1009 of this title;

(5) the transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee; or

(6) the transaction was consented to in writing by a settlor of the trust while the trust was revocable.

(c) A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with:

(1) the trustee's spouse;

(2) the trustee's descendants, siblings, parents, or their spouses;

(3) an agent or attorney of the trustee; or

(4) a corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment.

(d) A transaction between a trustee and a beneficiary that does not concern trust property but that occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary and from which the trustee obtains an advantage is voidable by the beneficiary unless the trustee establishes that the transaction was fair to the beneficiary.

(e) A transaction not concerning trust property in which the trustee engages in the trustee's individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust.

(f) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment is fairly priced and otherwise complies with the prudent investor rule of chapter 9 of this title. In addition to its compensation for acting as trustee, the trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust. If the trustee receives compensation from the investment company or investment trust for providing investment advisory or investment management services, the trustee must include in the trustee's annual report the rate and method by which that compensation was determined.

(g) In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries. If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries.

(h) This section does not preclude the following transactions, if fair to the beneficiaries:

(1) an agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee;

(2) payment of reasonable compensation to the trustee;

(3) a transaction between a trust and another trust, decedent's estate, or guardianship of which the trustee is a fiduciary or in which a beneficiary has an interest;

(4) a deposit of trust money in a regulated financial-service institution operated by the trustee; or

(5) an advance by the trustee of money for the protection of the trust.

(i) The Probate Division of the Superior Court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee.
14A V.S.A. § 1405 — VT Code / Title 14A / Chapter 14 / Section 1405
§ 1405. Application; governing law
Status: in_force

This chapter applies to a trust created before, on, or after the effective date of this act that:

(1) has its principal place of administration in this State, including a trust whose principal place of administration has been changed to this State; or

(2) provides by its trust instrument that it is governed by the law of this State or is governed by the law of this State for the purpose of:

(A) administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this State;

(B) construction of terms of the trust; or

(C) determining the meaning or effect of terms of the trust.
14 V.S.A. § 2632 — VT Code / Title 14 / Chapter 111 / Section 2632
§ 2632. Termination
Status: in_force

(a) A parent may file a motion to terminate a guardianship at any time. The motion shall be filed with the Probate Division that issued the guardianship order and served on all parties and interested persons.

(b)(1) If the motion to terminate is made with respect to a consensual guardianship established under section 2626 of this title or a standby guardianship established under section 2626a of this title, the court shall grant the motion and terminate the guardianship unless the guardian files a motion to continue the guardianship within 30 days after the motion to terminate is served. In the case of a standby guardianship established under section 2626a of this title, the court may, for good cause shown, accept filings that do not meet the format and signing requirements for the motion under Vermont Rules of Probate Procedure 10 and 11.

(2) If the guardian files a motion to continue the guardianship, the matter shall be set for hearing and treated as a nonconsensual guardianship proceeding under section 2627 of this title. The parent shall not be required to show a change in circumstances, and the court shall not grant the motion to continue the guardianship unless the guardian establishes by clear and convincing evidence that the minor is a child in need of guardianship under subdivision 2622(2)(B) of this title. In the case of a standby guardianship established under section 2626a of this title, the custodial parent shall be permitted to appear at and participate in the hearing remotely.

(3) If the court grants the motion to continue, it shall issue an order establishing a guardianship under section 2628 of this title.

(c)(1) If the motion to terminate the guardianship is made with respect to a nonconsensual guardianship established under section 2627 or subdivision 2632(b)(3) of this title, the court shall dismiss the motion unless the parent establishes that a change in circumstances has occurred since the previous guardianship order was issued.

(2) If the court finds that a change in circumstances has occurred since the previous guardianship order was issued, the court shall grant the motion to terminate the guardianship unless the guardian establishes by clear and convincing evidence that the minor is a child in need of guardianship under subdivision 2622(2)(B) of this title.
14 V.S.A. § 112 — VT Code / Title 14 / Chapter 3 / Section 112
§ 112. Wills made out of state
Status: in_force

(a) A last will and testament executed outside this State in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed and shall be of the same force and effect as if executed in the mode prescribed by the laws of this State, provided that the last will and testament is in writing and subscribed by the testator.

(b) When a will is allowed pursuant to subsection (a) of this section, the Probate Division of the Superior Court shall grant letters testamentary or letters of administration with the will annexed, and the letters shall extend to all the estate of the testator in this State. After the payment of enforceable debts and expenses of administration, the estate shall be disposed of according to the will so far as the will may operate upon it, and the residue shall be disposed of as is provided in case of estates in this State belonging to persons who are residents of another state or country.
14 V.S.A. § 2681 — VT Code / Title 14 / Chapter 111 / Section 2681
§ 2681. Spendthrift, defined
Status: in_force

The word “spendthrift” shall be held to include every person who is liable to be put under guardianship on account of excessive drinking, gambling, idleness, or debauchery.
14 V.S.A. § 683 — VT Code / Title 14 / Chapter 49 / Section 683
§ 683. Escheat, proceeds from sale
Status: in_force

If sufficient cause is not shown to the contrary, at the time appointed for that purpose, the court shall order and decree that the estate of the deceased in the State, after the payment of just debts and charges, shall escheat. The court shall assign the personal estate to the town where the deceased was last an inhabitant in the State and the real estate to the towns in which the same is situated. If he or she were never an inhabitant of the State, the whole estate shall be assigned to the towns where the same is located. The estate shall be for the use of schools in the towns respectively and shall be managed and disposed of like other property appropriated to the use of the town school districts. Any property decreed to a town by virtue of this chapter or subsequently conveyed to an incorporated school district within the town for the use of its schools may be sold without restriction, provided the proceeds shall be expended for the use of the schools of the town.
14A V.S.A. § 201 — VT Code / Title 14A / Chapter 2 / Section 201
§ 201. Role of court in administration of trust
Status: in_force

(a) The Probate Division of the Superior Court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

(b) A trust is not subject to continuing judicial supervision unless ordered by the Probate Division of the Superior Court.

(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.

(d) Upon motion of any party in a probate action concerning the administration of a trust under the provisions of this title, the presiding probate judge shall permit an appeal to be taken to the Superior Court from any interlocutory order or ruling if the judge finds that the order or ruling involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal may materially advance the termination of the litigation.
14 V.S.A. § 3341 — VT Code / Title 14 / Chapter 118 / Section 3341
§ 3341. When right to income begins and ends
Status: in_force

(a) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.

(b) An asset becomes subject to a trust:

(1) on the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life;

(2) on the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or

(3) on the date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death.

(c) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (d) of this section, even if there is an intervening period of administration to wind up the preceding income interest.

(d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income.
14 V.S.A. § 4042 — VT Code / Title 14 / Chapter 127 / Section 4042
§ 4042. Claims and litigation
Status: in_force

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

(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;

(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;

(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;

(4) make or accept a tender, offer of judgment, or admission of facts; submit a controversy on an agreed statement of facts; consent to examination; and bind the principal in litigation;

(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;

(6) waive the issuance and service of process upon the principal; accept service of process; appear for the principal; designate persons upon which process directed to the principal may be served; execute and file or deliver stipulations on the principal's behalf; verify pleadings; seek appellate review; procure and give surety and indemnity bonds; contract and pay for the preparation and printing of records and briefs; and receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;

(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;

(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and

(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
14 V.S.A. § 921 — VT Code / Title 14 / Chapter 61 / Section 921
§ 921. Property of persons serving in armed force - Absent persons, conservator
Status: in_force

When a person, hereinafter referred to as an absentee, who is serving in or with the U.S. Armed Forces, its allies, or as a crew member of a merchant vessel, has been reported or listed as missing, missing in action, interned, or beleaguered, besieged, or captured by an enemy, and has an interest in any property in this State and has not provided an adequate power of attorney authorizing another to act on the absentee's behalf in regard to the absentee's property, the Probate Division of the Superior Court may appoint a conservator to take charge of the absentee's estate under the supervision and subject to the further orders of the court. The appointment may be made upon a petition alleging the foregoing facts, showing the necessity of providing for the care of property, and may be brought by any person who would have an interest in the property if the absentee were deceased, or on the court's own motion. The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.
14A V.S.A. § 814 — VT Code / Title 14A / Chapter 8 / Section 814
§ 814. Discretionary powers; tax savings
Status: in_force

(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as “absolute,” “sole,” or “uncontrolled,” the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.

(b) Subject to subsection (d) of this section, and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:

(1) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and

(2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.

(c) A power whose exercise is limited or prohibited by subsection (b) of this section may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the Probate Division of the Superior Court may appoint a special fiduciary with authority to exercise the power.

(d) Subsection (b) of this section does not apply to:

(1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in § 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, as in effect on the effective date of this title, was previously allowed;

(2) any trust during any period that the trust may be revoked or amended by its settlor; or

(3) a trust if contributions to the trust qualify for the annual exclusion under § 2503(c) of the Internal Revenue Code of 1986, as in effect on the effective date of this title.
14 V.S.A. § 331 — VT Code / Title 14 / Chapter 42 / Section 331
§ 331. Degrees; how computed: kindred of half-blood
Status: in_force

Kindred of the half-blood shall inherit the same share they would inherit if they were of the whole blood.
14 V.S.A. § 3375 — VT Code / Title 14 / Chapter 118 / Section 3375
§ 3375. Income taxes
Status: in_force

(a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.

(b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.

(c) A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid:

(1) from income to the extent that receipts from the entity are allocated only to income;

(2) from principal to the extent that receipts from the entity are allocated only to principal;

(3) proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

(4) from principal to the extent that the tax exceeds the total receipts from the entity.

(d) After applying subsections (a) through (c) of this section, the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payments made to a beneficiary.
14 V.S.A. § 4032 — VT Code / Title 14 / Chapter 127 / Section 4032
§ 4032. Incorporation of authority
Status: in_force

(a) An agent has authority described in this chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 4034–4047 of this title or cites the section in which the authority is described.

(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 4034–4047 of this title or a citation to a section of sections 4034–4047 of this title incorporates the entire section as if it were set out in full in the power of attorney.

(c) A principal may modify authority or a writing or other record incorporated by reference.
14A V.S.A. § 812 — VT Code / Title 14A / Chapter 8 / Section 812
§ 812. Collecting trust property
Status: in_force

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.
14 V.S.A. § 3552 — VT Code / Title 14 / Chapter 125 / Section 3552
§ 3552. Definitions
Status: in_force

As used in this chapter:

(1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.

(2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney.

(3) “Carries” means engages in the transmission of an electronic communication.

(4) “Catalogue of electronic communications” means information that identifies each person with whom a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.

(5) “Content of an electronic communication” means information concerning the substance or meaning of a communication that:

(A) has been sent or received by a user;

(B) is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and

(C) is not readily accessible to the public.

(6) “Court” means the Probate Division of the Superior Court of Vermont.

(7) “Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of a user.

(8) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.

(9) “Digital asset” means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

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

(11) “Electronic communication” has the same meaning as in 18 U.S.C. § 2510(12).

(12) “Electronic-communication service” means a custodian who provides to a user the ability to send or receive an electronic communication.

(13) “Fiduciary” means an original, additional, or successor personal representative, guardian, agent, or trustee.

(14) “Guardian” means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian.

(15) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.

(16) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

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

(18) “Person under guardianship” means an individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending.

(19) “Personal representative” means an executor, administrator, or special administrator, or a person who performs substantially the same function as an executor, administrator, or special administrator under law of this State other than this chapter.

(20) “Power of attorney” means a record that grants an agent authority to act in the place of a principal.

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

(22) “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.

(23) “Remote-computing service” means a custodian who provides a user with computer-processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U.S.C. § 2510(14).

(24) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.

(25) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.

(26) “User” means a person who has an account with a custodian.

(27) “Will” includes a codicil, testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument.
14 V.S.A. § 4047 — VT Code / Title 14 / Chapter 127 / Section 4047
§ 4047. Gifts
Status: repealed

(a) For purposes of this section, “gift” includes a gift for the benefit of a person, including a gift to a trust, an account under chapter 115 of this title (Vermont Uniform Transfers to Minors Act), and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code § 529, 26 U.S.C. § 529, as amended.

(b) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent or, if unknown, as the agent determines is consistent with the principal's best interests based on all relevant factors, including:

(1) evidence of the principal's intent;

(2) the principal's personal history of making or joining in the making of lifetime gifts;

(3) the principal's estate plan;

(4) the principal's foreseeable obligations and maintenance needs and the impact of the proposed gift on the principal's housing options, access to care and services, and general welfare;

(5) the income, gift, estate, or inheritance tax consequences of the transaction; and

(6) whether the proposed gift creates a foreseeable risk that the principal will be deprived of sufficient assets to cover the principal's needs during any period of Medicaid ineligibility that would result from the proposed gift.

(c) [Repealed.]
14 V.S.A. § 3072 — VT Code / Title 14 / Chapter 111 / Section 3072
§ 3072. Guardians; individuals who may serve
Status: in_force

(a)(1) Competent individuals of at least 18 years of age may serve as guardians.

(2) No individual may be appointed or serve as guardian for a person under or in need of guardianship if the individual operates a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the person under or in need of guardianship resides or is receiving care.

(3) No person may serve as guardian for the respondent who has served as guardian ad litem in the same proceeding.

(4) Notwithstanding the provisions of section 2603 of this title, the court shall have the discretion to appoint a guardian who is not a resident of this State, provided that the individual appointed is otherwise qualified to serve.

(b) In appointing an individual to serve as guardian, the court shall take into consideration:

(1) the nomination of a guardian in an advance directive or in a will;

(2) any current or past expressed preferences of the respondent;

(3) the geographic location of the proposed guardian;

(4) the relationship of the proposed guardian and the respondent;

(5) the ability of the proposed guardian to carry out the powers and duties of the guardianship;

(6) the willingness and ability of the proposed guardian to communicate with the respondent and to respect the respondent's choices and preferences;

(7) potential financial conflicts of interest between the respondent and the proposed guardian, and any conflicts that may arise if the proposed guardian is an employee of a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the respondent resides or is receiving care; and

(8) results of any background checks.
14 V.S.A. § 3211 — VT Code / Title 14 / Chapter 115 / Section 3211
§ 3211. Definitions
Status: in_force

As used in this chapter:

(1) “Adult” means an individual who has attained 21 years of age.

(2) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.

(3) “Court” means the Probate Division of the Superior Court.

(4) “Custodial property” means:

(A) any interest in property transferred to a custodian under this chapter; and

(B) the income from and proceeds of that interest in property.

(5) “Custodian” means a person so designated under section 3219 of this title or a successor or substitute custodian designated under section 3228 of this title.

(6) “Financial guardian” means a person who has been appointed by the Probate Division as financial guardian for a minor pursuant to section 2659 of this title, or a person legally authorized to perform substantially the same functions.

(7) “Financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.

(8) “Legal representative” means an individual's personal representative.

(9) “Member of the minor's family” means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

(10) “Minor” means an individual who has not attained 21 years of age.

(11) “Person” means an individual, corporation, organization, or other legal entity.

(12) “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.

(13) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(14) “Transfer” means a transaction that creates custodial property under section 3219 of this title.

(15) “Transferor” means a person who makes a transfer under this chapter.

(16) “Trust company”' means a financial institution, corporation, or other legal entity authorized to exercise general trust powers.
14 V.S.A. § 1971 — VT Code / Title 14 / Chapter 85 / Section 1971
§ 1971. Intentional killing; offender not to benefit
Status: in_force

(a) The acquisition of any property, interest, power, or benefit by a person as the result of the person's commission of an intentional and unlawful killing shall be treated in accordance with the principle that a killer cannot profit from his or her wrong, and a court shall have the power to distribute, reform, revoke, or otherwise dispose of such property, interest, power, or benefit in accord with the principles of this section.

(b) The distribution, reformation, revocation, or disposition of any property, interest, power, or benefit subject to subsection (a) of this section shall not affect any valid liens or mortgages on such property, interest, power, or benefit.
14 V.S.A. § 2105 — VT Code / Title 14 / Chapter 101 / Section 2105
§ 2105. Surety may move for new bond and settlement; removal
Status: in_force

If the surety for a fiduciary considers himself or herself in danger of being injured thereby, a motion may be filed to order the fiduciary to settle the account and give a new bond. Upon notice and hearing, if it appears to the Probate Division of the Superior Court that the surety is in danger of being injured, it shall order the fiduciary to settle the account and give a new bond. When a new bond is filed and approved, the surety shall be discharged. If the fiduciary does not settle the accounts and give a new bond when so ordered, the court shall remove the fiduciary and fill the vacancy.
14 V.S.A. § 1656 — VT Code / Title 14 / Chapter 75 / Section 1656
§ 1656. Estate sold to pay debts and legacies in other states
Status: in_force

When the sale of real or personal estate is not necessary to pay the debts of the deceased person in this State, and it appears to the Probate Division of the Superior Court by the records and proceedings of a Probate Division in another state that the estate of the deceased in the other state is not sufficient to pay the debts and legacies in that state, the Probate Division of the Superior Court in this State may license the executor or administrator to sell the real or personal estate for the payment of debts and legacies in the other state, in the same manner as provided for the payment of debts and legacies in this State.
14A V.S.A. § 604 — VT Code / Title 14A / Chapter 6 / Section 604
§ 604. Limitation on action contesting validity of revocable trust; distribution of trust property
Status: in_force

(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor's death within the earlier of:

(1) three years after the settlor's death; or

(2) four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.

(b) Upon the death of the settlor of a trust that was revocable immediately before the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:

(1) the trustee has actual knowledge of a pending judicial proceeding contesting the validity of the trust; or

(2) a potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust, and a judicial proceeding is commenced within 60 days after the contestant sent the notification.

(c) A beneficiary of a trust that is determined to have been invalid in whole or in part is liable to return any distribution received to the extent that the invalidity applies to the distribution.
14 V.S.A. § 2848 — VT Code / Title 14 / Chapter 111 / Section 2848
§ 2848. After dividend, claims barred as to guardian; exception
Status: in_force

After the dividend is made, the creditors shall have no further claim against the guardian on their demands, except where estate of the ward afterwards comes to his or her possession or knowledge. In such case, the court may make another dividend among the creditors.
14 V.S.A. § 2712 — VT Code / Title 14 / Chapter 111 / Section 2712
§ 2712. Hearing
Status: in_force

When petition is made for the appointment of a guardian under section 2711 of this title, the Probate Division of the Superior Court shall proceed under the Rules of Probate Procedure as in cases of the appointment of guardians of resident mentally disabled persons.
14A V.S.A. § 111 — VT Code / Title 14A / Chapter 1 / Section 111
§ 111. Nonjudicial settlement agreements
Status: in_force

(a) For purposes of this section, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the Probate Division of the Superior Court.

(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.

(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the Probate Division of the Superior Court under this title or other applicable law.

(d) Matters that may be resolved by a nonjudicial settlement agreement include:

(1) the interpretation or construction of the terms of the trust;

(2) the approval of a trustee's report or accounting;

(3) direction to a trustee to perform or to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;

(4) the resignation or appointment of a trustee and the determination of a trustee's compensation;

(5) transfer of a trust's principal place of administration; and

(6) liability of a trustee for an action relating to the trust.

(e) Any interested person may request the Probate Division of the Superior Court to approve a nonjudicial settlement agreement to determine whether the representation as provided in chapter 3 of this title was adequate, and to determine whether the agreement contains terms and conditions the Probate Division of the Superior Court could have properly approved.
14A V.S.A. § 1407 — VT Code / Title 14A / Chapter 14 / Section 1407
§ 1407. Notice; exercise of decanting power
Status: in_force

(a) In this section, a notice period begins on the day notice is given under subsection (c) of this section and ends 59 days after the day notice is given.

(b) Except as otherwise provided in this chapter, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.

(c) Except as otherwise provided in subsection (f) of this section, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to:

(1) each settlor of the first trust, if living or then in existence;

(2) each qualified beneficiary of the first trust;

(3) each holder of a presently exercisable power of appointment over any part or all of the first trust;

(4) each person who currently has the right to remove or replace the authorized fiduciary;

(5) each other fiduciary of the first trust;

(6) each fiduciary of the second trust;

(7) the Attorney General, if subsection 1414(b) of this title applies; and

(8) each person acting as a trust director, as defined in section 1302 of this title, of the first trust.

(d) An authorized fiduciary is not required to give notice under subsection (c) of this section to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.

(e) A notice under subsection (c) of this section shall:

(1) specify the manner in which the authorized fiduciary intends to exercise the decanting power;

(2) specify the proposed effective date for exercise of the power;

(3) include a copy of the first-trust instrument; and

(4) include a copy of all second-trust instruments.

(f) The decanting power may be exercised before expiration of the notice period under subsection (a) of this section if all persons entitled to receive notice waive the period in a signed record.

(g) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under section 1409 of this title asserting that:

(1) an attempted exercise of the decanting power is ineffective because it did not comply with this chapter or was an abuse of discretion or breach of fiduciary duty; or

(2) section 1422 of this title applies to the exercise of the decanting power.

(h) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) of this section if the authorized fiduciary acted with reasonable care to comply with that subsection.
14 V.S.A. § 3219 — VT Code / Title 14 / Chapter 115 / Section 3219
§ 3219. Manner of creating custodial property and effecting transfer; designation of initial custodian; control
Status: in_force

(a) Custodial property is created and a transfer is made whenever:

(1) An uncertificated security or a certificated security in registered form is either:

(A) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act”; or

(B) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this section.

(2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act.”

(3) The ownership of a life or endowment insurance policy or annuity contract is either:

(A) registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act”; or

(B) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act.”

(4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act.”

(5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act.”

(6) A certificate of title issued by a department or agency of a state or of the United States that evidences title to tangible personal property is either:

(A) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act.”

(B) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: “as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act.”

(7) An interest in any property not described in subdivisions (1) through (6) of this subsection is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this section.

(b) An instrument in the following form satisfies the requirements of subdivisions (a)(1)(B) and (a)(7) of this section:

“TRANSFER UNDER THE VERMONT UNIFORM TRANSFERS TO MINORS ACT

I, ______ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to _____ (name of custodian), as custodian for ____ (name of minor) under the Vermont Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).

Dated: ______

__________

(Signature)

______ (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Vermont Uniform Transfers to Minors Act.

Dated: ______

__________

(Signature of Custodian)”

(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.
14 V.S.A. § 3165 — VT Code / Title 14 / Chapter 114 / Section 3165
§ 3165. Exclusive and continuing jurisdiction
Status: in_force

Except as otherwise provided in section 3164 of this title, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive jurisdiction over the proceeding until jurisdiction is terminated by the Probate Division or the appointment or order expires by its own terms.
14 V.S.A. § 3111 — VT Code / Title 14 / Chapter 113 / Section 3111
§ 3111. Penalty for failure to account
Status: in_force

If a guardian fails to file with the court an account as required by this chapter, or by an order of the court, when an account is due or within 30 days after citation issues as provided by law, or fails to furnish the Veterans' Administration a true copy of an account, petition, or pleading as required by this chapter, such failure may, in the discretion of the court, be ground for his or her removal.
14 V.S.A. § 1958 — VT Code / Title 14 / Chapter 83 / Section 1958
§ 1958. Uniformity of application and construction
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
14 V.S.A. § 3171 — VT Code / Title 14 / Chapter 114 / Section 3171
§ 3171. Transfer of guardianship or conservatorship to another state
Status: in_force

(a) A guardian or conservator appointed in this State may petition the Probate Division of the Superior Court to transfer the guardianship or conservatorship to another state.

(b) Notice of a petition under subsection (a) of this section must be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian or conservator.

(c) On the Probate Division's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on the petition filed pursuant to subsection (a) of this section.

(d) The Probate Division shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the Probate Division finds that:

(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2) an objection to the transfer has not been made or, if any objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

(e) The Probate Division shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection 3161(b) of this chapter;

(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(3) adequate arrangements will be made for management of the protected person's property.

(f) The Probate Division shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 3172 of this title; and

(2) the documents required to terminate a guardianship or conservatorship in this State.
14 V.S.A. § 1057 — VT Code / Title 14 / Chapter 63 / Section 1057
§ 1057. For what to account
Status: in_force

The accounting of the executor or administrator shall:

(1) be done on a cash basis;

(2) include the balance at the beginning of the period covered by the accounting, all receipts, all payments, and the balance at the end of the period covered by the accounting; and

(3) be prepared on forms provided by the court, or on any spreadsheet or generally accepted software format accepted by the court that provides the required information.
14 V.S.A. § 3074 — VT Code / Title 14 / Chapter 111 / Section 3074
§ 3074. Commitment, sterilization, involuntary treatment, and involuntary medication
Status: in_force

Nothing in this chapter shall give the guardian of a person authority to:

(1) place that person in a State school or hospital except pursuant to 18 V.S.A. § 7601 et seq. or 18 V.S.A. § 8801 et seq.

(2) consent to an involuntary treatment or medication petition pursuant to 18 V.S.A. chapter 181.

(3) consent to sterilization or to a petition for involuntary sterilization pursuant to 18 V.S.A. chapter 204.

(4) consent to a petition for custody, care, or habilitation filed pursuant to 18 V.S.A. chapter 206.
14A V.S.A. § 1406 — VT Code / Title 14A / Chapter 14 / Section 1406
§ 1406. Reasonable reliance
Status: in_force

A trustee or other person who reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this chapter, law of this State other than this chapter, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.
14A V.S.A. § 805 — VT Code / Title 14A / Chapter 8 / Section 805
§ 805. Costs of administration
Status: in_force

In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
14A V.S.A. § 1003 — VT Code / Title 14A / Chapter 10 / Section 1003
§ 1003. Damages in absence of breach
Status: in_force

(a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust. Nothing in this section limits a trustee's right to reasonable compensation under section 708 of this title.

(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
14 V.S.A. § 2106 — VT Code / Title 14 / Chapter 101 / Section 2106
§ 2106. New bond
Status: in_force

When a fiduciary desires to file a new bond with sureties in substitution for the bond then on file, the Probate Division of the Superior Court, in its discretion and upon notice, may allow a new bond to be filed. Upon approving the new bond, the court may accept it in substitution for any and all bonds previously filed by the fiduciary and discharge the sureties on the former bond or bonds from liability accruing after the substituted bond is filed.
14 V.S.A. § 3101 — VT Code / Title 14 / Chapter 113 / Section 3101
§ 3101. Definitions
Status: in_force

As used in this chapter:

(1) “Administrator” means the administrator of the U.S. Veterans' Administration or his or her successor.

(2) “Benefits” means all monies paid or payable by the United States through the Veterans Administration.

(3) “Court” means any Probate Division of the Superior Court within this state for the district wherein the ward resides.

(4) “Estate” means income on hand and assets acquired partially or wholly with “income.”

(5) “Guardian” means any fiduciary for the person or estate of a ward.

(6) “Income” means monies received from the Veterans' Administration and revenue or profit from any property wholly or partially acquired therewith.

(7) “Person” means an individual, a partnership, a corporation, or an association.

(8) “Veterans' Administration” means the Veterans' Administration, its predecessors or successors.

(9) “Ward” means a beneficiary of the Veterans' Administration.
14 V.S.A. § 3352 — VT Code / Title 14 / Chapter 118 / Section 3352
§ 3352. Distribution from trust or estate
Status: in_force

A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate, in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, section 3351 or 3365 of this title applies to a receipt from the trust.
14 V.S.A. § 2403 — VT Code / Title 14 / Chapter 107 / Section 2403
§ 2403. Trustees, when appointed
Status: in_force

A trustee may be appointed by the Probate Division of the Superior Court upon petition of any person, class, or beneficiary coming within the provision of the will or decree, or upon petition of a corporation representing beneficiaries under the will or decree.
14 V.S.A. § 4021 — VT Code / Title 14 / Chapter 127 / Section 4021
§ 4021. Principles of law and equity
Status: in_force

Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
14 V.S.A. § 2108 — VT Code / Title 14 / Chapter 101 / Section 2108
§ 2108. How prosecuted
Status: in_force

Bonds given to the Probate Division of the Superior Court shall be prosecuted in the Superior Court of the county in which they were given for the benefit of those injured by the breach of their conditions, in the following manner:

(1) A person claiming to be injured by a breach of the condition of a bond may file a motion for permission to prosecute the bond and shall give a bond to the adverse party to the satisfaction of the Probate Division of the Superior Court, on the condition that he or she will prosecute it to effect and pay the costs awarded if recovery is not obtained.

(2) The Probate Division of the Superior Court shall grant permission to prosecute the bond, and when the fees have been paid, shall furnish to the applicant a certified copy of the bond, with a certificate that leave to prosecute it has been granted, and the name and residence of the applicant.

(3) The applicant shall cause his or her name to be indorsed as prosecutor upon the writ and shall file the copy of the bond and the certificate furnished by the Probate Division of the Superior Court, with the writ, in the Superior Court to which and when it is returnable; and the applicant shall be deemed to be the prosecutor of the bond.

(4) The complaint on the bond shall definitely assign and set forth the breaches of the conditions on which the prosecutor relies.

(5) The Superior Court to which the writ is returned shall render judgment, as on default, for the penalty of the bond in favor of the Probate Division of the Superior Court and against the defendants, or those defendants who do not comply with the terms provided in subdivision (6) of this section, but costs shall not be taxed on the judgment.

(6) The defendants who wish to resist the judgment shall, on or before 21 days after service of the writ, plead a general denial, and, with their plea, file their affidavit, stating that they believe or are advised that they did not execute or deliver the bond; or they shall demur to the complaint.

(7) On trial, if the issue on the plea or demurrer is found in favor of the plaintiff, judgment shall be rendered for the penalty of the bond, as provided in subdivision (5) of this section, and the prosecutor shall recover against the defendants entering the plea or demurrer the costs of the action, and have execution for them in his or her own name.

(8) When judgment is rendered for the penalty of the bond against all the defendants, the judgment shall remain in force as security for other breaches of the conditions of the bond, which may be afterwards assigned and proved.

(9) The action shall thereafter proceed and be prosecuted in the name of the prosecutor, on the breaches assigned. Upon prevailing, the prosecutor shall have judgment in his or her own name for damages and costs, but if judgment is rendered for the defendants on an issue joined in the action or on nonsuit, they shall recover double costs against the prosecutor.
14 V.S.A. § 3117 — VT Code / Title 14 / Chapter 113 / Section 3117
§ 3117. Discharge of guardian and release of sureties
Status: in_force

In addition to other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans' Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans' Administration, upon examination in accordance with law, shall be prima facie evidence that the ward has attained majority, or has recovered his or her competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered his or her competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans' Administration, as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him or her from the guardian, the guardian shall be discharged and his or her sureties released.
14 V.S.A. § 2203 — VT Code / Title 14 / Chapter 103 / Section 2203
§ 2203. Lease; of property by fiduciary; order; license
Status: in_force

(a) On motion and with the written consent of the interested parties, or after hearing, the Probate Division of the Superior Court may authorize a fiduciary to lease all or part of the real or personal property of the estate for the benefit of the estate. The court may authorize a fiduciary to enter into an agreement for the extension or renewal of an existing lease, or of any other lease created under the provisions of this chapter. A lease for a period of less than seven consecutive months shall not require a license.

(b) A motion filed under this section shall describe the property to be leased and shall include the prospective lessee, if known, the proposed use of the leased property, the limits of the proposed term of the lease, and the proposed rental. A license issued by the Probate Division of the Superior Court pursuant to this section shall fix the terms and conditions under which the property may be leased.
14 V.S.A. § 1903 — VT Code / Title 14 / Chapter 81 / Section 1903
§ 1903. Same; discharge upon payment of funeral expenses; residue
Status: in_force

(a)(1) If it appears from the record that the estate is insolvent, the fiduciary shall apply for an order of dividend from the court. If the estate is not insolvent, the fiduciary shall make payment in settlement with all known or reasonably ascertainable creditors, including payment of income taxes due for the year of the decedent's death, and pay any remaining balance to the beneficiaries of the estate as provided by the will, if any, or as otherwise provided by law.

(2) Upon completion of the payments required by subdivision (1) of this subsection, the fiduciary shall file with the court a sworn statement setting forth the amounts and recipients of each payment.

(b) The court may discharge the fiduciary without further accounting and without notice after the fiduciary has completed the requirements of subsection (a) of this section.

(c) If a discharge is given under this section, any assets distributed by the fiduciary shall be subject to claims later established, and sections 1202 and 1203 of this title shall apply, but the executors or administrators shall not be liable to distributees for losses to them when required to reimburse creditors. Each distributee shall have a duty of proportionate contribution for any claims brought against one or more other distributees, not to exceed the amount received by the distributee from the estate.
14 V.S.A. § 3419 — VT Code / Title 14 / Chapter 120 / Section 3419
§ 3419. Relation to electronic signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103 of that act, 15 U.S.C. § 7003.
14 V.S.A. § 626 — VT Code / Title 14 / Chapter 47 / Section 626
§ 626. Application where provision made for simultaneous death
Status: in_force

This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.
14 V.S.A. § 104 — VT Code / Title 14 / Chapter 3 / Section 104
§ 104. Executor to present will and accept or refuse trust
Status: in_force

(a) A person named executor in a will who has knowledge thereof shall file a death certificate and petition to open the decedent's estate in the Probate Division of the Superior Court where venue lies with reasonable promptness.

(b) A petition to open an estate need not be filed when no assets require probate administration. The named executor may file with the court an original death certificate and will without filing a petition to open an estate by notifying the court that no assets appear to require probate administration.
14A V.S.A. § 1201 — VT Code / Title 14A / Chapter 12 / Section 1201
§ 1201. Uniformity of application and construction
Status: in_force

In applying and construing this title, 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. § 2102 — VT Code / Title 14 / Chapter 101 / Section 2102
§ 2102. Foreign company; certificate of authority; fee
Status: in_force

A Probate Division of the Superior Court shall not accept a foreign fidelity insurance company as surety on a bond required to be filed in the court, unless the company is authorized to do business in this State and has filed in the court a certificate of the Commissioner of Financial Regulation that the company is so authorized. A fee of $1.00 for each certificate so issued shall be paid to the Commissioner of Financial Regulation for the benefit of the State by the company requesting its issuance.
14 V.S.A. § 1416 — VT Code / Title 14 / Chapter 71 / Section 1416
§ 1416. Estate not sued when masters appointed; exceptions
Status: in_force

Nothing in this chapter shall authorize a claimant to commence or prosecute an action against an executor or administrator where a master is appointed in the proceeding, nor where a time is allowed by an order of the Probate Division of the Superior Court for the executor or administrator to pay the debts against the deceased. Such an action shall not be commenced or prosecuted except as provided by law for that purpose.
14 V.S.A. § 2796 — VT Code / Title 14 / Chapter 111 / Section 2796
§ 2796. Citation; costs
Status: in_force

Such citation shall issue and costs be taxed, as provided in case of similar citations in the settlement of estates.
14 V.S.A. § 923 — VT Code / Title 14 / Chapter 61 / Section 923
§ 923. Termination of conservatorship
Status: in_force

At any time upon motion signed by the absentee, or of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the Probate Division of the Superior Court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney-in-fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for the absentee's estate, the court shall direct the termination of the conservatorship, an accounting therein, and the transfer of all property of the deceased absentee held thereunder to the executor or administrator.
14 V.S.A. § 1741 — VT Code / Title 14 / Chapter 77 / Section 1741
§ 1741. Parties to pay cost of partition, when
Status: in_force

If there are insufficient assets in the hands of the executor or administrator that may be lawfully applied to the costs of partition, the expenses and charges of partition determined by the Probate Division of the Superior Court shall be paid by the parties interested in the partition in proportion to their respective shares or interests in the premises and the proportions shall be allowed by the court. If a person interested in the partition does not pay his or her proportion or share, the court may issue a judgment order for the sum assessed, for the benefit of the executor or administrator against the party not paying, returnable in 60 days from the date of the order.