Guides

Vermont probate articles

• Are Assets in a Revocable Trust Included In a Beneficiary's Marital Estate?

  2020-02-14

  No. The assets in a revocable trust created by a parent of a beneficiary are not part of the marital estate while the trust remains revocable. What Happens to Revocable Trust Assets in a Divorce? The assets in a trust can be included as par…

• How Do You Make a Valid Will In Vermont?

  2021-09-16

  To be valid under Vermont law, a will must be: In writing Signed by the testator in front of two witnesses Signed and attested by two witnesses   The requirements to make a valid will under Vermont law are found at 14 V.S.A. § 5 . Who …

• Surviving Spouse Rights Vermont

  2019-09-23

  A surviving spouse has many rights under Vermont law, including: Intestate Share Exempt Property Maintenance Allowance Homestead Exemption Surviving Spouse Rights In Vermont When There Is No Valid Will When someone dies without a valid will…

• Vermont Supreme Court: Contract For Mutual Wills Does Not Impact Allowance of Subsequent Will

  2020-07-13

  In the July 2020 Vermont Supreme Court case of In re Estate of Patricia Bixby , the Court reviewed the probate court’s allowance of a decedent’s will, which was challenged on the ground that a contract for mutual wills rendered the subseque…

• Vermont Supreme Court Determines Ownership Of 1979 Cadillac Eldorado In Probate Dispute

  2021-03-10

  A case involving the disposition of a 1979 Cadillac Eldorado, In re Estate of Theodore George , made its way to the Vermont Supreme Court, where the Court determined who rightfully owned the car after decedent’s death. Although it is common…

• Vermont Supreme Court Invalidates Will for Undue Influence

  2024-03-01

  The Vermont Supreme Court, in In re Estate of Crofut , 2024 VT 8, 23-AP-011 (Vt. Feb 23, 2024), gave a comprehensive primer on how to invalidate a will for undue influence under Vermont law. Can an Option to Acquire Property in a Will for B…

• Who Are Next of Kin in Vermont

  2020-07-18

  Under Vermont law, the term “next of kin” is synonymous with “heirs”, “heirs at law”, “relatives”, or “family” when used in an applicable statute or governing instrument. See Chapter 14, Section 314 of the Vermont Statutes . Next of kin in …