Vermont Statutes Title 14 Sec. 1554
Terms Used In Vermont Statutes Title 14 Sec. 1554
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Executor: includes administrator with the will annexed. See
- Probate: Proving a will
- real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
§ 1554. Recovery of estate fraudulently conveyed by deceased
(a) If the executor or administrator determines there is a deficiency of assets in the estate, the fiduciary may bring an action in the Probate Division of the Superior Court for the benefit of the creditors to recover any property fraudulently conveyed by the deceased in his or her lifetime.
(b) The court may license the executor or administrator to sell so much of the property fraudulently conveyed as is necessary to make up the deficiency of assets in the estate to pay the debts of the decedent if it appears to the court that:
(1) there are insufficient assets to pay the debts of the deceased;
(2) the deceased conveyed property or a right or interest therein:
(A) with the intent to defraud creditors;
(B) to avoid a debt or duty; or
(C) with respect to real estate, in a manner that by law renders the conveyance void as against his or her creditor; and
(3) the estate attempted to be conveyed would be subject to attachment or execution by a creditor of the deceased in his or her lifetime. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 8.)