Full question:
If my husband in the state of Vermont writes out a will leaving his estate and his money to his kids do I get nothing
- Category: Wills and Estates
- Subcategory: Spouses
- Date:
- State: Vermont
Answer:
A spouse can leave the other spouse out of their Will in Vermont, as in other States. However, Vermont and many other States have laws to protect the surviving spouse.In Vermont, the spouse can waive the provisions or lack thereof in the Will, and elect to take one-half of the estate after paying claims and expenses.
Title 14 : Decedents' Estates And Fiduciary Relations
Chapter 042 : Descent And Survivors' Rights
Subchapter 002 : Survivors' Rights And Allowances
(Cite as: 14 V.S.A. § 319)
§ 319. Waiver of will by surviving spouse
(a) A surviving spouse may waive the provisions of the decedent's will and in lieu thereof elect to take one-half of the balance of the estate, after the payment of claims and expenses.
(b) The surviving spouse must be living at the time this election is made. If the surviving spouse is mentally disabled and cannot make the election personally, a guardian or attorney in fact under a valid durable power of attorney may do so. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
If there is a divorce, the provisions in the Will of a spouse for the other spouse, and other rights of the spouse to inherit cease.
Title 14 : Decedents' Estates And Fiduciary Relations
Chapter 042 : Descent And Survivors' Rights
Subchapter 002 : Survivors' Rights And Allowances
(Cite as: 14 V.S.A. § 320)
§ 320. Effect of divorce order
A final divorce order from any state shall have the effect of nullifying a gift by will or inheritance by operation of law to an individual who was the decedent's spouse at the time the will was executed if the decedent was no longer married to or in a civil union with that individual at the time of death, unless his or her will specifically states to the contrary. (Added 2009, No. 55, § 5, conveyance. June 1, 2009.)
A conveyance or transfer of property to defeat the rights of a spouse are void if the requirements of statute are met.
Title 14 : Decedents' Estates And Fiduciary Relations
Chapter 042 : Descent And Survivors' Rights
Subchapter 002 : Survivors' Rights And Allowances
(Cite as: 14 V.S.A. § 321)
§ 321. Conveyance to defeat spouse's interest
A voluntary transfer of any property by an individual during a marriage or civil union and not to take effect until after the individual's death, made without adequate consideration and for the primary purpose of defeating a surviving spouse in a claim to a share of the decedent's property so transferred, shall be void and inoperative to bar the claim. The decedent shall be deemed at the time of his or her death to be the owner and seised of an interest in such property sufficient for the purpose of assigning and setting out the surviving spouse's share. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
There are other provisions of the Vermont Statutes dealing with rights of spouses such as allowances during probate. If interested, you can use the links below to read them.
Other provisions of Vermont law relating to spouses and children can be found here. http://legislature.vermont.gov/statutes/chapter/14/042
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
