2011 Vermont Code
Title 14 Decedents' Estates and Fiduciary Relations
Chapter 73 PROCEEDINGS FOR RECOVERY OF PROPERTY EMBEZZLED AND
§ 1554 Recovery of estate fraudulently conveyed by deceased
§ 1554. Recovery of estate fraudulently conveyed by deceased
If it appears to the probate division of the superior court on the settlement of the estate of a deceased person that the avails of the real and personal estate, chargeable with the payment of the debts of the deceased, have been expended and are insufficient to pay such debts, and it is shown to the court that the deceased, in his or her lifetime, conveyed real estate or a right or interest therein with intent to defraud his or her creditors, or to avoid a right, debt or duty of a person, or had so conveyed such estate that by law the conveyance is void as against his or her creditors, and the estate attempted to be conveyed would be liable to attachment or execution by a creditor of the deceased in his or her lifetime, the probate division of the superior court may license the executor or administrator to sell so much of the real estate so fraudulently conveyed as is necessary to make up the deficiency of assets in his or her hands to pay the debts of the deceased. (Amended 2009,
No. 154 (Adj. Sess.), { 238a, eff. Feb. 1, 2011.)
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