reglab/housing_qa huggingface dataset:
14 V.S.A. § 1205
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1205. Classification of claims

§ 1205. Classification of claims|(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. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 2003, No. 128 (Adj. Sess.), § 1, eff. May 24, 2004.)
14 V.S.A. § 1206
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1206. Allowance of claims

§ 1206. Allowance of claims|(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. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 61; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 1207
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1207. Payment of claims

§ 1207. Payment of claims|(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. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1208
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1208. Individual liability of executor or administrator

§ 1208. Individual liability of executor or administrator|(a) Unless otherwise provided in the contract, an executor or administrator is not individually liable on a contract properly entered into in his or her fiduciary capacity in the course of administration of the estate unless he or she fails to reveal his or her representative capacity and identify the estate in the contract.(b) An executor or administrator is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he or she is personally at fault.(c) Claims based on contracts entered into by an executor or administrator in his or her fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the executor or administrator in his or her fiduciary capacity, whether or not the executor or administrator is individually liable therefor.(d) Issues of liability as between the estate and the executor or administrator individually may be determined in a proceeding for that purpose in this court or a proceeding in a court of competent jurisdiction. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 62.)
14 V.S.A. § 1209
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1209. Secured claims

§ 1209. Secured claims|Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his or her security; otherwise payment is upon the basis of one of the following:  (1) if the creditor exhausts his or her security before receiving payment, unless precluded by other law upon the amount of the claim allowed less the fair value of the security; or (2) if the creditor does not have the right to exhaust his or her security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and executor or administrator by agreement, arbitration, compromise, or litigation. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1210
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1210. Claims not due and contingent or unliquidated claims

§ 1210. Claims not due and contingent or unliquidated claims|(a) If a claim that will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.(b) In other cases the executor or administrator, or, on motion of the executor or administrator or the claimant, in a proceeding for the purpose, the Probate Division of the Superior Court, may provide for payment as follows:  (1) If the claimant consents, he or she may be paid the present or agreed value of the claim, taking any uncertainty into account. (2) Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 63; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 1211
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1211. Counterclaims

§ 1211. Counterclaims|In allowing a claim, the executor or administrator may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate, a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1212
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1212. Execution and levies prohibited

§ 1212. Execution and levies prohibited|No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or an executor or administrator, but this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1213
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1213. Compromise of claims

§ 1213. Compromise of claims|When a claim against the estate has been presented in any manner, the executor or administrator may, if it appears for the best interests of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1214
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1214. Encumbered assets

§ 1214. Encumbered assets|If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the executor or administrator may, except as otherwise provided by will, pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of his or her lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interests of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1215
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1215. Administration in more than one state; duty of executor or administrator

§ 1215. Administration in more than one state; duty of executor or administrator|(a) All assets of estates being administered in this State are subject to all claims, allowances, and charges existing or established against the executor or administrator wherever appointed.(b) If the estate either in this State or as a whole is insufficient to cover all family exemptions and allowances, determined by the law of the decedent's domicile, prior charges and claims, after satisfaction of the exemptions, allowances, and charges, each claimant whose claim has been allowed either in this State or elsewhere in administrations of which the executor or administrator is aware, is entitled to receive payment of an equal proportion of his or her claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this State, the creditor so benefited is to receive dividends from local assets only upon the balance of his or her claim after deducting the amount of the benefit.(c) In case the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately, and this State is not the state of the decedent's last domicile, the claims allowed in this State shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary executor or administrator. If local assets are not sufficient to pay all claims allowed in this State the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this State is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this State from assets in other jurisdictions. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1216
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1216. Final distribution to domiciliary representative

§ 1216. Final distribution to domiciliary representative|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. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1401
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1401. Executor or administrator may sue and defend

§ 1401. Executor or administrator may sue and defend|An executor or administrator may commence, prosecute, or defend, in the right of the deceased, actions that survive to the executor or administrator and are necessary for the recovery and protection of the property or rights of the deceased and may prosecute or defend the actions commenced in the lifetime of the deceased. (Amended 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1402
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1402. Sum recovered paid to person entitled thereto

§ 1402. Sum recovered paid to person entitled thereto|When an executor or administrator commences or prosecutes an action founded on a debt, demand, or claim for damages, and is only a trustee of the claim for the use of another person, and where the claim, although prosecuted in the name of the executor or administrator, belongs to another person, the sum or property recovered shall not be assets in the hands of the executor or administrator, but shall be paid over to the person entitled to them, after deducting or being paid the costs and expenses of the prosecution. (Amended 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1410
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1410. Representative may compromise claims of the estate

§ 1410. Representative may compromise claims of the estate|With the approval of the Probate Division of the Superior Court, an executor or administrator may compromise with a debtor of the deceased for a debt due and may give a discharge of the debt on receiving payment of the compromised amount. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1411
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1411. Disputed claim may be referred

§ 1411. Disputed claim may be referred|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. (Amended 1985, No. 144 (Adj. Sess.), § 64; 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1412
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1412. Claim between executor and estate

§ 1412. Claim between executor and estate|When a claim exists between an executor or administrator and the estate, a special administrator may be appointed solely for the purpose of acting upon that claim. (Amended 1985, No. 144 (Adj. Sess.), § 65.)
14 V.S.A. § 1413
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1413. Debt as personalty; representative may foreclose mortgage

§ 1413. Debt as personalty; representative may foreclose mortgage|A debt secured by mortgage belonging to the estate of a deceased person as mortgagee or assignee of the right of a mortgagee, when the mortgage was not foreclosed in the lifetime of the deceased, shall be personal assets in the hands of the executor or administrator and administered and accounted for as such. The executor or administrator may foreclose the mortgage and take possession of the mortgaged premises as the decedent might have done in the decedent's lifetime. (Amended 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1416
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1416. Estate not sued when masters appointed; exceptions

§ 1416. Estate not sued when masters appointed; exceptions|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. (Amended 1985, No. 144 (Adj. Sess.), § 67; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1417
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1417. Prosecution of action

§ 1417. Prosecution of action|A person having a contingent or other claim against a deceased person may prosecute the claim against the executor, administrator, heirs, devisees, or legatees. An action commenced against the deceased before death may be prosecuted to final judgment. A claimant having a lien on the real or personal estate of the deceased, by attachment previous to death, on obtaining judgment, may have execution against the real or personal estate. (Amended 1985, No. 144 (Adj. Sess.), § 68; 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1451
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1451. What actions survive

§ 1451. What actions survive|Actions of ejectment or other proper actions to recover the seisin or possession of lands, tenements, or hereditaments, actions of replevin, actions on tort on account of the wrongful conversion of personal estate, and actions on tort on account of a trespass or for damages done to real or personal estate shall survive, in addition to the actions that survive by common law, and may be commenced and prosecuted by the executor or administrator. (Amended 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1452
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1452. When actions for personal injury survive

§ 1452. When actions for personal injury survive|In an action for the recovery of damages for a bodily hurt or injury, occasioned to the plaintiff by the act or default of the defendant or defendants, if either party dies during the pendency of the action, the action shall survive and may be prosecuted to final judgment by or against the executors or administrators of the deceased party. When there are several defendants in the action, and one or more, but not all, die, it shall be prosecuted against the surviving defendant or defendants, and against the estate of the deceased defendant or defendants. (Amended 1977, No. 120 (Adj. Sess.), § 1, eff. Feb. 9, 1978; 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1453
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1453. Survival of causes of action

§ 1453. Survival of causes of action|The causes of action mentioned in sections 1451 and 1452 of this title shall survive. Actions based thereon may be commenced and prosecuted by or against the executor or administrator. When the actions are commenced in the lifetime of the deceased, after death the same may be prosecuted by or against the executor or administrator where by law that mode of prosecution is authorized. (Amended 1985, No. 144 (Adj. Sess.), § 69; 2017, No. 195 (Adj. Sess.), § 7.)
14 V.S.A. § 1454
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 71 - Actions by and Against Executors and Administrators|§ 1454. Trespass; damages

§ 1454. Trespass; damages|In an action on tort on account of a trespass commenced or prosecuted against an executor or administrator, the plaintiff or claimant shall recover for the value of the goods taken, or the actual damage, and not vindictive or exemplary damages. (Amended 1985, No. 144 (Adj. Sess.), § 70; 2017, No. 195 (Adj. Sess.), § 7.)