Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Vermont Statutes Title 18 Sec. 5212a

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Probate: Proving a will
  • 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

§ 5212a. Removal; objections

(a) Unless removal is otherwise authorized by law, a spouse, child, parent, or sibling of the deceased may, within 30 days after the date notice was last published under section 5212 of this title, object to the proposed removal by filing a complaint in the Probate Division of the Superior Court of the district in which the body is interred or entombed. A copy of the complaint shall be filed with the clerk of the town where the body is interred or entombed.

(b) The Probate Division of the Superior Court shall, after hearing, issue its order authorizing removal of the body unless:

(1) removal would be contrary to the expressed intent of the deceased;

(2) removal is objected to by the surviving spouse of the deceased;

(3) removal is objected to by an adult son or daughter of the deceased and there is no surviving spouse of the deceased;

(4) removal is objected to by a parent of the deceased and there is no surviving spouse or son or daughter of the deceased; or

(5) removal is objected to by an adult sibling of the deceased and there is no surviving spouse, son or daughter, or parent of the deceased. (Added 1985, No. 206 (Adj. Sess.), § 2, eff. June 2, 1986; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)