2018 Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 73 - Proceedings For Recovery Of Property Embezzled And Fraudulently Conveyed
§ 1554 Recovery of estate fraudulently conveyed by deceased
§ 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.)
