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Vermont Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Tax Law and Probate for Vermont on
Q: My deceased mother owes taxes from 2023, but her estate is insolvent.

Hello, My mother passed in 2023. I did her taxes in which she does owe a balance (around $3k I believe). There was no estate, no probate process, etc. We found out much later that she had a small 401(k) balance that didn't list a beneficiary-- and they wouldn't let me move forward without... View More

David Trice
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answered on Dec 10, 2024

Hello, I can say that sometimes it is necessary to probate an estate even though it is insolvent, usually when there are creditors. You should hire a probate attorney in the area where your mother lived. The attorney will need to determine whether the asset falls outside of probate or not. I am... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Vermont on
Q: Can an estate executor force an heir to sell their share of real estate?
Nina Whitehurst
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answered on Mar 27, 2022

The answer to your question is yes and no. Yes, either of your sisters could GO TO COURT and force A SALE of the property. So, no, neither of them can force you to sell without obtaining a court order. But, yes, they could obtain a court order and force a sale of the property. So, knowing that,... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Vermont on
Q: Vermont. Three siblings. One won't attest to a will filed in Windsor county. How to proceed?
Glenn A. Jarrett
Glenn A. Jarrett
answered on Nov 1, 2021

If the will was signed with a self-proving affidavit, no witness is required. If not, one witness needs to testify in court that the decedent signed the will freely and voluntarily, appeared to have capacity to sign the will and no one coerced the decedent to sign the will.

1 Answer | Asked in Estate Planning and Family Law for Vermont on
Q: How can an unmarried woman become the executor of the estate of her deceased partner of 8 years?

The deceased partner has only one relative, a brother who lives in Florida. The deceased does not have any living relatives in the state where both partners resided the entire eight years of their relationship. Would the surviving partner have to go to Florida to start court action to become the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 3, 2015

Go see a local probate attorney to get answers to your questions after a full discussion of the issues.

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