reglab/housing_qa huggingface dataset:
14 V.S.A. § 319
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 319. Elective share of surviving spouse; notice of rights

§ 319. Elective share of surviving spouse; notice of rights|(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. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 320
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 320. Effect of divorce order

§ 320. Effect of divorce order|A final divorce or dissolution order from any state shall nullify a gift by will to an individual who was the decedent's spouse at the time the will was executed and any nomination of the spouse as executor, executrix, trustee, guardian, or other fiduciary as named in the will, if the decedent was no longer married to or in a civil union with that individual at the time of death, unless the decedent's will specifically states to the contrary. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 321
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 321. Conveyance to defeat spouse's interest

§ 321. Conveyance to defeat spouse's interest|(a) A voluntary transfer of any property by an individual during a marriage or civil union and not to take effect until at or after the individual's death, made without adequate consideration and for the primary purpose of defeating a surviving spouse's right to claim the survivor's intestate or elective share of the decedent's property so transferred, shall be void and inoperative to bar the claim, unless the surviving spouse waived the survivor's right to make a claim against the deceased spouse's estate or the property transferred pursuant to section 323 of this title. If the surviving spouse has not signed a waiver of spousal rights pursuant to section 323 of this title, then the decedent shall be deemed at the time of his or her death to be the owner of the property and the court may:  (1) increase the surviving spouse's share of the decedent's probate estate in an amount the court deems reasonable to account for the right the surviving spouse would otherwise have had in the property so transferred; or (2) if the assets of the decedent's probate estate are insufficient to account for the right the surviving spouse would otherwise have had in the property, then order any other equitable relief the court deems appropriate.   (b) Neither this section nor any other provision of this title shall be construed to affect an enhanced life estate deed. As used in this subsection, "enhanced life estate deed," also known as a "Ladybird deed," shall mean a deed that conveys a future interest in real estate that is revocable or otherwise subject to limitation, with the transfer of the remaining title rights to take place when the grantor dies. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 322
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 322. Unlawful killing affecting inheritance

§ 322. Unlawful killing affecting inheritance|Notwithstanding sections 311 through 314 of this title or provisions otherwise made, in any case in which an individual is entitled to inherit or receive property under the last will of a decedent, or otherwise, the individual's share in the decedent's estate shall be forfeited and shall pass to the remaining heirs or beneficiaries of the decedent if the individual intentionally and unlawfully kills the decedent. In any proceedings to contest the right of an individual to inherit or receive property under a will or otherwise, the record of that individual's conviction of intentionally and unlawfully killing the decedent shall be admissible in evidence and shall conclusively establish that the individual did intentionally and unlawfully kill the decedent. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 323
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 323. Written waiver of spousal rights

§ 323. Written waiver of spousal rights|(a) At any time before or during a marriage, a spouse may waive the right to an elective share of a deceased spouse's estate, waive the right to a homestead or other allowance, and waive any other spousal rights or interest in property, in whole or in part, by a written instrument signed by the waiving spouse.(b) A written waiver of spousal rights is presumed to be valid unless the party contesting the waiver demonstrates that:  (1) the waiver was not voluntary, or was made as a result of fraud, duress, or coercion; (2) the waiver was unconscionable when signed or is unconscionable in its application due to a material change in circumstances that arose subsequent to the execution of the instrument through no fault or no action of the contesting party; (3) before signing the waiver, the waiving spouse was not provided fair and reasonable disclosure of the property and financial obligations of the decedent; or (4) before signing the waiver, the waiving spouse did not have an opportunity for meaningful access to independent counsel.   (c) A waiver under this section may be signed on behalf of a waiving spouse by a guardian or by 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.    (d) 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 (c)(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. (Added 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 331
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 331. Degrees; how computed: kindred of half-blood

§ 331. Degrees; how computed: kindred of half-blood|Kindred of the half-blood shall inherit the same share they would inherit if they were of the whole blood. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
14 V.S.A. § 332
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 332. Share of afterborn child

§ 332. Share of afterborn child|When a child of a testator is born after the making of a will and provision is not made in the will for that child, he or she shall have the same share in the estate of the testator as if the testator had died intestate unless it is apparent from the will that it was the intention of the testator that provision should not be made for the child. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 333
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 333. Share of child or descendant of child omitted from will

§ 333. Share of child or descendant of child omitted from will|When a testator omits to provide in the testator's will for any child of the testator, or for the descendants of a deceased child, and it appears that the omission was made by mistake or accident, the child or descendants, as the case may be, shall have and be assigned the same share of the estate of the testator as if the testator had died intestate. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 334
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 334. Afterborn and omitted child; from what part of estate share taken

§ 334. Afterborn and omitted child; from what part of estate share taken|When a share of a testator's estate is assigned to a child born after the making of a will, or to a child or the descendant of a child omitted in the will, the share shall be taken first from the estate not disposed of by the will, if there is any. If that is not sufficient, so much as is necessary shall be taken from the devisees or legatees in proportion to the value of the estate they respectively receive under the will. If the obvious intention of the testator, as to some specific devise, legacy, or other provision in the will, would thereby be defeated, the specific devise, legacy, or provision may be exempted from the apportionment and a different apportionment adopted in the discretion of the court. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 335
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 335. Beneficiary dying before testator; descendants to take

§ 335. Beneficiary dying before testator; descendants to take|When a testamentary gift is made to a child or other kindred of the testator, and the designated beneficiary dies before the testator, leaving one or more descendants who survive the testator, the descendants shall take the gift that the designated beneficiary would have taken if the designated beneficiary had survived the testator, unless a different disposition is required by the will. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 336
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 336. Individual absent and unheard of; share of estate

§ 336. Individual absent and unheard of; share of estate|If an individual entitled to a distributive share of the estate of a decedent is absent and unheard of for six years, two of which are after the death of the decedent, the court in which the decedent's estate is pending may order the share of the absent individual distributed in accordance with the terms of the decedent's will or the laws of intestacy as if the absent individual had not survived the decedent. If the absent individual proves to be alive, he or she shall be entitled to the share of the estate notwithstanding prior distribution, and may recover in an action on this statute any portion thereof that any other individual received under order. Before an order is made for the payment or distribution of any money or estate as authorized in this section, notice shall be given as provided by the Vermont Rules of Probate Procedure. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
14 V.S.A. § 337
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 337. Requirement that individual survive decedent for 120 hours

§ 337. Requirement that individual survive decedent for 120 hours|Except as provided in the decedent's will, an individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, intestate succession, and taking under decedent's will, and the decedent's heirs and beneficiaries shall be determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir or beneficiary survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in escheat. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
14 V.S.A. § 338
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 42 - Descent and Survivors' Rights|§ 338. Distribution; order in which assets appropriated; abatement

§ 338. Distribution; order in which assets appropriated; abatement|(a)(1) Except as provided in subsection (b) of this section, shares of distributees given under a will abate, without any preference or priority as between real and personal property, in the following order:   (A) property not disposed of by the will; (B) residuary devises and bequests; (C) general devises and bequests; (D) specific devises and bequests.  (2) For purpose of abatement, a general devise or bequest charged on any specific property or fund is a specific devise or bequest to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise or bequest to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.   (b) If the will expresses an order of abatement or if the testamentary plan or the express or implied purpose of a devise or bequest would be defeated by the order of abatement listed in subsection (a) of this section, the shares of the distributees shall abate as may be necessary to give effect to the intention of the testator.(c) If the subject of a preferred devise or bequest is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
14 V.S.A. § 621
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 47 - Uniform Simultaneous Death Act|§ 621. No sufficient evidence of survivorship

§ 621. No sufficient evidence of survivorship|Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.
14 V.S.A. § 622
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 47 - Uniform Simultaneous Death Act|§ 622. Beneficiaries

§ 622. Beneficiaries|Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is not sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
14 V.S.A. § 623
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 47 - Uniform Simultaneous Death Act|§ 623. Joint tenants

§ 623. Joint tenants|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. § 624
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 47 - Uniform Simultaneous Death Act|§ 624. Insurance policy

§ 624. Insurance policy|Where the insured and the beneficiary in a policy of life or accident insurance have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
14 V.S.A. § 625
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 47 - Uniform Simultaneous Death Act|§ 625. Construction

§ 625. Construction|This chapter shall not apply to the distribution of the property of a person who has died before March 21, 1941.
14 V.S.A. § 626
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 47 - Uniform Simultaneous Death Act|§ 626. Application where provision made for simultaneous death

§ 626. Application where provision made for simultaneous death|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. § 627
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 47 - Uniform Simultaneous Death Act|§ 627. Interpretation to effectuate purpose

§ 627. Interpretation to effectuate purpose|This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states that enact it.
14 V.S.A. § 681
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 49 - Escheats|§ 681. Persons dying testate or intestate without heirs or known legatees

§ 681. Persons dying testate or intestate without heirs or known legatees|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. (Amended 1959, No. 38, § 1, eff. March 12, 1959; 1985, No. 144 (Adj. Sess.), § 34; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 683
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 49 - Escheats|§ 683. Escheat, proceeds from sale

§ 683. Escheat, proceeds from sale|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. (Amended 2017, No. 195 (Adj. Sess.), § 4.)
14 V.S.A. § 684
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 49 - Escheats|§ 684. Rights of heir subsequently appearing

§ 684. Rights of heir subsequently appearing|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. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 4.)
14 V.S.A. § 902
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 61 - Executors and Administrators|§ 902. Will allowed; letters to executor

§ 902. Will allowed; letters to executor|When a will has been allowed, the Probate Division of the Superior Court shall issue letters of administration to the person named executor if the person accepts appointment and gives any required bond. (Amended 1985, No. 144 (Adj. Sess.), § 35; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
14 V.S.A. § 903
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 61 - Executors and Administrators|§ 903. Administration; to whom granted

§ 903. Administration; to whom granted|If an executor is not named in the will, or if a person dies intestate, appointments to administer the estate may be made in the following manner:  (1) To the surviving spouse or next of kin, or both, or the person nominated by the surviving spouse or next of kin. (2) If the surviving spouse or next of kin or the person nominated by them is unsuitable, or if the surviving spouse or the next of kin does not within a reasonable period of time after the death of the person apply for letters of administration or nominate another person to whom letters of administration may be granted, the court may grant letters of administration to one or more of the principal creditors, if competent and willing to serve. (3) If there is not a creditor who is competent and willing to serve, letters of administration may be issued to another person appointed by the Probate Division of the Superior Court in its discretion. (4) If the appointment is to enable a quiet title action or another action to clear title to lands, the court may appoint a suitable person as the administrator for that purpose upon application of the reputed owner of the land formerly owned by the decedent. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)