Legal Question in Wills and Trusts in Vermont

General Rules of Descent

Under Vt Statutes, Title 14, Sec. 551, there is a clear statement of who is a next of kin in an estate with no will. There are always rulings that, for one reason or another, make exceptions to the statutes. I am a son of a deceased second cousin of the deceased without a will. The rules say that "the estate shall descend in equal shares to the next of kin, but a person shall not be entitled, by right of representation, to the share of the next of kin who has died" My question is are there any legal decisions that argue this issue and if so where can I find these decisions. Thank you


Asked on 6/13/99, 7:45 am

1 Answer from Attorneys
Stuart Williams

Re: General Rules of Descent

Specifically what is relationship of the nearest next of kin(s) to the decedant?

I don't know your state's laws well, but they sound similar to mine (Mass.). You might have misunderstood the law. Or maybe not. Are you saying that if your parent had lived, that parent would have been of equal degrees of kinship with some others in your family, but the death has lowered your degree one level and therefore leaves you out entirely?

How much money do you think is in the estate?

Without having seen your state's case law, my guess is that there'd have to be some pretty good reason to bend the rules; but there might be.

How old are you? What is the relationship between your deceased parent and the other kin?

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Answered on 6/28/99, 1:32 pm


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