Probate law

Jan74

Jan74

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I have spent a tonne of time researching Vermont probate law. I have a general understanding of how the process works and the time frame etc. What I don't know and I can't seem to find are the specifics.

If a mc is inheriting a piece of property and it goes through probate does she attend the final probate hearing?

How does she get the title/deed and keys to the property?

Would she attend court on the final day and sign something and receive it all there while the judge is there?

OR does she go to the lawyers office where she receives the keys/deed/title there?

I'm assuming there are taxes to be paid on the property(land transfer/estate taxes etc) I want my mc to have to financially put out some sort of money for the property, so it's not completely free.

A simple breakdown of what the process looks like from the beneficiary pov would be incredibly helpful. I'm in Canada so it would be vastly different here. I've never been to Vermont but that is where my fictional town is located.

THANK YOU to anyone who can help me!
 
Siri Kirpal

Siri Kirpal

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You can google Vermont estate tax law and find out if the state has any. US estate law kicks in at the $5 million mark currently. But 20 years ago it was something like $600,000. So, when is your WIP set? So, what will be owed depends on time as well as place.

Not sure about land transfer fees. You could google that for Vermont too. But I'm guessing it won't be much.

Blessings,

Siri Kirpal
 
cornflake

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In a general sense, in America, you rarely HAVE to attend court. Even often in actual criminal cases, you don't necessarily need to show up yourself; your attorney can stand in for you with appropriate documentation to that effect (sometimes you do have to show up for criminal proceedings, family court, depends on what's going on, etc.). In your case, I'd doubt very much she'd have to show up anyplace. Her lawyer can, or in that kind of thing may not need anyone to, and can get keys and stuff later from whomever has them or whomever they were turned over to.
 

GregFH

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I'm a lawyer, although not a Trusts and Estates lawyer, and not a Vermont attorney, but will try to help.
Jan74 said:
I have spent a tonne of time researching Vermont probate law. I have a general understanding of how the process works and the time frame etc. What I don't know and I can't seem to find are the specifics.

If a mc is inheriting a piece of property and it goes through probate does she attend the final probate hearing?
As one poster has noted, probably not. There might not even be an actual hearing--it might simply be handled on paper. If there is a hearing, unless it's contested and there has to be testimony, only the attorney probably need be present.



How does she get the title/deed and keys to the property? Most likely from the estate's administrator or executor, the person tending the deceased's property and affairs while probate goes on. This would be determined by the will or, if there's no will or the named person isn't available, the person would be appointed by the court.

Would she attend court on the final day and sign something and receive it all there while the judge is there? Probably not.

OR does she go to the lawyers office where she receives the keys/deed/title there? She would probably get it from either the executor or administrator, or the attorney representing the estate.

I'm assuming there are taxes to be paid on the property(land transfer/estate taxes etc) I want my mc to have to financially put out some sort of money for the property, so it's not completely free.

Can't help you here. This is entirely a matter of Vermont law. If you contact the Vermont State Bar Association they might be willing to refer you to a lawyer willing to give you some free advice. The bar association might have a Trusts and Estate section, and the lawyer who's currently heading that up might be another place to go.
A simple breakdown of what the process looks like from the beneficiary pov would be incredibly helpful. I'm in Canada so it would be vastly different here. I've never been to Vermont but that is where my fictional town is located.

THANK YOU to anyone who can help me!
Click to expand...
 
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jclarkdawe

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As far as I know, there's no transfer tax on inherited property, although there may be a couple of exceptions to this in very unusual circumstances. Even when there is a transfer tax, the rate if very, very low.

Title technically passes when the person dies, at which point the will comes into effect. There is no document other than the probate record that documents title. Keys would be provided by the executor.

About the only way I know of where the person who inherits incurs a big bill is an estate that's broke with real estate. If there are debts against the estate, then the person inheriting the land would have to pay those debts to clear the estate. Otherwise, the land must be sold to satisfy the debts. For example, let's say the descendant leaves a parcel of land worth $100,000. Descendant has no other assets. Attorney's fees, burial costs, and other costs include the descendant's final medical bills are outstanding. Even though the land is left to someone, those debts must be paid.

Jim Clark-Dawe
 
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