§ 331 Degrees; how computed: kindred of half-blood
§ 332 Share of afterborn child
§ 333 Share of child or descendant of child omitted from will
§ 334 Afterborn and omitted child; from what part of estate share taken
§ 335 Beneficiary dying before testator; descendants to take
§ 336 Individual absent and unheard of; share of estate
§ 337 Requirement that individual survive decedent for 120 hours
§ 338 Distribution; order in which assets appropriated; abatement
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Terms Used In Vermont Statutes > Title 14 > Chapter 42 > Subchapter 3 - Descent, Omitted Issue, and Lapsed Legacies

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes administrator with the will annexed. See
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Intestate: Dying without leaving a will.
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Personal estate: shall include all property other than real estate. See
  • Personal property: All property that is not real property.
  • 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
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Statute: A law passed by a legislature.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See