§ 1551. Person suspected of embezzlement, concealing papers, or conveying decedent’s property
(a) An executor or administrator, heir, legatee, creditor, or other person interested
in the estate of a deceased person may file a motion for discovery in the Probate
Division of the Superior Court alleging that a person is suspected of having concealed,
embezzled, or conveyed any of the deceased’s property, or has possession or knowledge
of any deed, conveyance, bond contract, or other writing that contains evidence of,
or tends to disclose, the right, title, interest, or claim of the deceased to real
or personal estate, or the last will and testament of the deceased.
(b) The court may subpoena or otherwise order a person to appear before it to be examined
under oath upon the matter or to answer interrogatories or requests to produce to
be filed with the court. If the person so ordered refuses to appear and submit to
examination or to answer interrogatories, the person may be subject to proceedings
for civil contempt under 12 V.S.A. § 122. Interrogatories and answers to interrogatories shall be in writing, signed under
oath by the party examined, and filed with the court. (Amended 1985, No. 144 (Adj. Sess.), § 71; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 8.)
§ 1552. Person entrusted with estate may be compelled to render account
On motion of an executor or administrator, the court may order a person who is entrusted
by an executor or administrator with any part of the estate of the deceased person
to appear under oath and render a full accounting of the property. If the person so
ordered refuses to appear and render an account, the person may be subject to proceedings
for civil contempt under 12 V.S.A. § 122. (Amended 1985, No. 144 (Adj. Sess.), § 72; 2017, No. 195 (Adj. Sess.), § 8.)
§ 1553. Forfeiture by person embezzling before letters issued
If a person embezzles or converts any of the property of a decedent before the appointment
of the executor or administrator, the person shall be liable to the executor or administrator
of the estate for double the value of the property embezzled or converted, to be recovered
for the benefit of the estate. (Amended 2017, No. 195 (Adj. Sess.), § 8.)
§ 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.)
§ 1555. Sale, how conducted
The license to sell the real estate shall be granted and the sale conducted as provided
for the sale of real estate for the payment of the debts of a deceased person. The
sale and conveyance so made by the executor or administrator shall be valid and effectual
to convey the real estate. (Amended 2017, No. 195 (Adj. Sess.), § 8.)
§ 1556. Repealed. 2017, No. 195 (Adj. Sess.), § 8.
§ 1557. Sale of fraudulently conveyed estate; motion of creditors
(a) An executor or administrator shall not be bound to make sale of estate, so fraudulently
conveyed, under a license from the Probate Division of the Superior Court, nor sue
for the estate for the benefit of the creditors unless on motion of creditors of the
deceased, nor unless the creditors filing the motion pay that part of the costs and
expenses, or give security to the executor or administrator as the court judges equitable.
(b) An executor or administrator shall not be required to sell fraudulently conveyed property
under a license from the Probate Division of the Superior Court, or sue for the fraudulently
conveyed property for the benefit of the creditors unless the creditors of the deceased
file a motion to do so and comply with any court requirements to pay associated costs
and expenses or give security to the executor or administrator. (Amended 1985, No. 144 (Adj. Sess.), § 73; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 8.)
§ 1558. Creditor may act
(a) If there is a deficiency of assets in the estate, any creditor of the estate who obtains
a license to do so from the Probate Division of the Superior Court may bring an action
in the name of the executor or administrator in the Probate Division to recover any
property fraudulently conveyed by the deceased in his or her lifetime. The action
shall be for the benefit of the creditors and shall be brought in the same manner
as an action by the executor or administrator under section 1554 of this title. A creditor licensed by the court to bring an action under this section may recover
any property conveyed by the deceased in his or her lifetime by a fraudulent or void
conveyance.
(b) An action under this section shall not be commenced until the creditor files with
the court a bond with sufficient sureties conditioned to indemnify the executor or
administrator against the costs of the action.
(c) A creditor who brings an action under this section shall have a lien upon the judgment
recovered by him or her for the costs incurred and any other expenses the court deems
equitable. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 8.)
§ 1559. Repealed. 2017, No. 195 (Adj. Sess.), § 8.