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Vermont Probate 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 Probate for Vermont on
Q: I have a few questions on probate law and procedures in the state of Vermont

I need to know how to contest a will, find out where an estate is in probate and how much we can expect to pay to engage a lawyer on my son's behalf.

Anthony M. Avery
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answered on Jan 26, 2024

Those are not a few questions. Will Contests are very complicated and expensive. Contact a VT attorneys until you find one that will take the case. Put together witnesses and proof now.

1 Answer | Asked in Probate for Vermont on
Q: If next of kin,on medicaid, not employed, gets a house thru probate, will they lose their ability to keep medicaid.
Nina Whitehurst
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answered on Dec 1, 2021

This is a common problem. An individual qualifies for Medicaid and receives an inheritance. Yes, the inheritance will very likely disqualify the individual for Medicaid if he or she or her legal representative does not act quickly. There are things that can be done to mitigate this situation.... 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 Probate for Vermont on
Q: Maine: A relative dies intestate. No one files probate. Then what?
Nina Whitehurst
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answered on Aug 20, 2019

There won't be a probate until someone steps up and petitions to be appointed executor of the estate.

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