Can I Use an Obituary as Proof of Death to Open an Estate in Vermont?
Detailed Answer When you open an estate in Vermont, the Probate Division requires a certified death certificate. Under 14 V.S.A. § 1, the Register of Probate won’t issue letters to an executor or administrator without that certified record (see 14 V.S.A. § 1). An obituary is a public notice drafted by a funeral home or […]
Read article →How Do I Prepare an Heirship Affidavit in VT?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice about your situation. Detailed Answer In Vermont, an heirship affidavit (often called a small estate affidavit) lets heirs transfer certain personal property without formal probate. Under 14 V.S.A. § 447, if the total value […]
Read article →Can I Elect to Receive a Life Estate Instead of My Intestate Share in Vermont?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Vermont law, when a person dies without a valid will (intestate), their assets distribute according to 14 V.S.A. § 2622. A surviving spouse generally inherits either the entire estate (if no descendants) or one-half of the net intestate […]
Read article →How does an executor obtain an EIN for the estate in Vermont?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Why an Estate Needs an EIN When a person dies, their estate often holds assets—bank accounts, investments, rental property—that generate income. The Internal Revenue Service (IRS) requires estates and certain […]
Read article →What is the difference between common and solemn form probate in Vermont?
Detailed Answer In Vermont, probate follows either a summary process for small estates or a formal administration for larger or contested estates. While North Carolina refers to “common” and “solemn” form probate, Vermont’s summary and formal processes serve similar purposes: Summary Probate for Small Estates Under 14 V.S.A. § 328 (Summary Process for Small Estates), […]
Read article →Do I have to list personal property assets when completing a year’s allowance in Vermont?
Detailed Answer Under Vermont law, a year’s allowance (often called a "family allowance") guarantees the surviving spouse and minor children a reasonable amount of personal property from the decedent’s estate to support them during probate. This allowance comes exclusively from personal property, not real property. To qualify and to calculate the allowance, the executor or […]
Read article →How to determine which tasks are covered under an initial probate representation agreement in Vermont
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer When you enter into an initial probate representation agreement in Vermont, the scope of tasks is set by your engagement letter or retainer agreement. Attorneys must outline which duties they will perform, the fee structure, and how additional work […]
Read article →May I petition a Vermont court to remove an estate administrator who refuses to fulfill their duties?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Detailed Answer Under Vermont law, an interested person may petition a probate court to remove an estate administrator (also called a personal representative) who refuses to fulfill their duties. Key points include: […]
Read article →How can I request an extension for filing a final accounting in probate in Vermont?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance specific to your situation. Detailed Answer Overview of Vermont Probate Accounting Deadlines In Vermont, a personal representative (also called an executor or administrator) must file a final accounting with the probate court. Under 14 […]
Read article →Do I need to open an estate to pursue a wrongful death claim after a car accident in Vermont?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Detailed Answer Under Vermont law, a wrongful death action must be brought by the personal representative of the decedent’s estate. Title 14 V.S.A. § 1491 grants the cause of action, but it […]
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