2011 Vermont Code
Title 14 Decedents' Estates and Fiduciary Relations
Chapter 73 PROCEEDINGS FOR RECOVERY OF PROPERTY EMBEZZLED AND
§ 1558 Creditor may act
§ 1558. Creditor may act
When there is a deficiency of assets in the hands of an executor or administrator, and when the deceased person made, in his or her lifetime, such fraudulent conveyance of his or her real estate or of a right or interest therein, by license of the probate division of the superior court, any creditor of the estate may commence and prosecute to final judgment an action, for the recovery of the same in the name of the executor or administrator. Such creditor may recover for the benefit of the creditors such real estate or interest therein, so conveyed, and for the benefit of the creditors, by license of the probate division of the superior court, may sue and recover, in the name of the executor or administrator, for all goods, chattels, rights or credits conveyed by the deceased in his or her lifetime by a fraudulent or void conveyance. Such action shall not be commenced until the creditor files in the probate division of the superior court a bond with sufficient sureties conditioned t
o indemnify the executor or administrator against the costs of such action. (Amended 2009, No. 154 (Adj. Sess.), { 238a, eff. Feb. 1, 2011.)
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