Vermont State Flag
1. VT. STAT. ANN. tit. 14, § 301 (2009) outlines the Vermont’s laws on intestate succession.
a. VT. STAT. ANN. tit. 14, § 311 (2009) outlines: Should a decedent be survived by a spouse and descendant (issue), the spouse is entitled to receive one-half of the intestate estate. The descendants of the decedent at that point will receive the remainder of the intestate estate by representation (equally), otherwise known as per stirpes, as outlined VT. STAT. ANN. tit. 14, § 314 (2009).
Compared to New York
N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (1) (McKinney 2013) outlines that if there is a spouse and issue, the first $50,000 and one-half after the deduction of $50,000 of the estate is entitled to the spouse. Thereafter, the remainder goes to the issue by representation (equally). As to Vermont’s laws, the spouse immediately and simply receives one-half of the estate and the remainder goes to the issue by representation. It should be that Vermont’s choice of words for issue is different from New York, they use the term descendant.
b. In the event there is no spouse and no issue, the applicable VT. STAT. ANN. tit. 14, § 314 (b) (2009) indicates the receivers in the following order:
(1) If both parents survive the decedent, the estate should be equally divided between the two parents. If there is one surviving parent of the decedent then that parent gets the entire estate.
Compared to New York
N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (4) (McKinney 2013) is similar to the Vermont’s laws of same occurrence.
(2) Should no parent survive the decedent, the decedent’s siblings (otherwise known as issue of decedent’s parents) and descendants of deceased sibling are next in line to receive the estate by representation (equally).
Compared to New York
N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (5) (McKinney 2013) is similar to the Vermont’s laws of same occurrence. Between New York and Vermont, this section is worded differently but essentially has the same meaning.
(3) Should the parent(s), siblings or descendants of deceased siblings not survive the decedent, half of the estate will equally go to the parents of decedent’s father (paternal grandparents) if they both survive or to the surviving paternal grandparent. The other half would go to the parents of the decedent’s mother (maternal grandparents) if they both survive or to the surviving maternal grandparent. Or, if the decedent is survived by a grandparent or grandparents only on one side of the family then the estate is entitled to that surviving grandparent(s).
Compared to New York
N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (6) (McKinney 2013) is similar to the Vermont’s laws of same occurrence except New York law contains items covering extensive situations that Vermont law does not, such as; that if either the paternal or maternal grandparents do not survive the decedent then the issue of non-surviving maternal or paternal grandparent is entitled to the estate by representation. Vermont law does not contain any provisions allowing the issue of grandparents to receive the estate.
(4) In VT. STAT. ANN. tit. 14, § 314 (b) (4) (2009), Vermont stops outlining any other varieties of family and just states if no aforementioned individual(s) survives the decedent then the next of kin receives the estate by representation equally.
Compared to New York
N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (7) (McKinney 2013) goes on in explaining if great-grandchildren of decedent’s grandparent survive him/her. It can be inferred that New York tries to cover as many situations as possible by being consistent and specific whereas Vermont just states any further next of kin receives in equal shares.
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2. There is no mention of holographic wills in Vermont’s provisions regarding wills. VT. STAT. ANN. tit. 14, § 6 (2014) governs nuncupative wills. Per the statute, such wills are not allowed in the following instances:
- If the amount of the given personal estate exceeds the amount of $200.00;
- Unless a written document, aside from the will, is made by a person making such will within six days from making that will; or
- Unless such will is presented for probate immediately within six (6) months after the death of the testator (person who has executed the will).
Compared to New York
N.Y. Est. Powers and Trusts Law section 3-2.2 (McKinney 2013) contains provisions for holographic will whereas Vermont law does not. In respect to nuncupative wills, New York provides validity to such if wills if made by a member of the armed forces while on active military duty at war, a mariner while at sea and such wills have a validity period of one year upon discharge for the armed forces and one year after the civilian leaves the armed forces. Mariners making such will have a validity period of three years from the date of the will. Vermont has no reference to military personnel such as in New York.
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3. Per VT. STAT. ANN. tit. 14, § 5 (2014), with the exception of nuncupative wills, a will must be attested and signed by at least two credible witnesses.
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4. According to United States Census Bureau, South Burlington is the second largest city in Vermont in respect to population with an estimated 18,400 people calculated in the year 2012. http://quickfacts.census.gov/qfd/states/50/5066175.html
Kirkpatrick & Goldsborough, PLLC is a firm specializing in Estate Planning & Probate in South Burlington, Vermont. The following is excerpt from firm’s web page where they outline their core competencies in respect to estate planning: “When individuals throughout Vermont wish to plan for the future by developing an estate plan, they can turn to Kirkpatrick & Goldsborough. We believe that a comprehensive estate plan is an excellent way for people to provide long-term financial security for themselves and their loved ones.
Among our attorneys, Steve Miller has more than 10 years of experience helping Vermonters determine their estate planning goals and assess their needs…In addition to his estate planning work, Steve Miller represents individuals in probate court. As an experienced estate planning lawyer, he understands that the time following the death of a loved one can be difficult and that disagreements can arise.”
http://www.vtlawfirm.com/Practice-Areas/Estate-Planning-Probate.shtml
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5. Chuck Bolton Real Estate is a real estate appraiser in South Burlington, Vermont. According to their website: “Chuck Bolton began VT real estate appraisal work for banks, relocation companies, area attorneys and homeowners in 1975. Real estate appraisal work continues for a variety of clients.”
http://chuckbolton.biz/appraisals
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6. Chittenden Superior Court, Probate Division located at 175 Main Street, Burlington, VT 05402
- Chittenden Superior Court, also known as Vermont Superior Court.
http://court.co.chittenden.vt.us/superior/old/
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Champlain College
7. The closest to South Burlington, Vermont is Champlain College. They offer a Bachelor of Science Legal Studies program. Their legal studies program is not ABA approved. Their annual (maximum of 33 credits fall and spring) off-campus tuition is approximately $34,600. Compared to City Tech which has an approximate tuition cost for fall and spring semester combined at around $6,000. The annual cost at Champlain College is certainly higher than at City Tech.
Students enrolled in the Legal Studies program at Champlain College must take a course named “Will, Trusts & Estates” (LEG 310) which is a three credit course and is outlined as follows; “Examines the common forms of wills and trusts, the,legal principles involved, and the drafting of,documents by the paralegal. Studies the,administration of estates, the powers and trusts,law, intestacy and probate practice. (Fall only)”
At City Tech we have an extensive and a very informative Estates, Trusts and Wills course LAW 2301 covering similar aspects as in Champlain College LEG 310.
