Download this document in MS Word format
BILL AS INTRODUCED 2007-2008

AutoFill Template

H.203

Introduced by Representative Flory of Pittsford

Referred to Committee on

Date:

Subject:  Decedents’ estates and fiduciary relations; descent, omitted issue, and lapsed legacies; general rules of descent

Statement of purpose:  This bill proposes to increase the amount of an estate to which a surviving spouse is entitled from $25,000.00 to $50,000.00 when a decedent dies without a will.

AN ACT RELATING TO INCREASING THE AMOUNT OF AN ESTATE TO WHICH A SURVIVING SPOUSE IS ENTITLED WHEN THE DECEASED SPOUSE DIES WITHOUT A WILL

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  14 V.S.A. § 551 is amended to read:

§ 551.  General rules of descent

The real and personal estate of a decedent, not devised nor bequeathed and not otherwise appropriated and distributed in pursuance of law, shall descend in the following manner:

* * *

(2)  If the decedent is married and leaves no issue, and the surviving spouse does not elect to take a third in value of the real estate of which the decedent dies seised in his or her own right, or waives the provisions of the will of such decedent, such spouse shall be entitled to the whole of the decedent’s estate forever, if it does not exceed $25,000.00 $50,000.00, but if it exceeds that sum, then such spouse shall be entitled to $25,000.00 $50,000.00 and half one‑half the remainder.  The remainder of such estate shall descend as the whole would if such spouse did not survive.  If the decedent has no kindred who may inherit the estate, such spouse shall be entitled to the whole of such estate;

* * *



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us