Legal Question in Wills and Trusts in Vermont

Re: Intestate - Interested Parties

I do not practice criminal law, and this is not legal advice, but I have a few comments and ideas that might help. First, there are criminal statutes as well as equity decisions that prevent criminals and wrong-doers from benefitting directly or indirectly from there illegal acts. Example, many states have laws that prevent murderers from inheriting from their victim's estate. Even if there is no specific statute preventing this in Vermont (I don't know if there is), there is an equitable claim that may be made under this doctrine of ill-gotten gains.

Failing to convince the probate court, you may have another tack. Since criminal proceedings are pending, any funds from the estate deemed to be the assets of the accused defendant could be requested to be held in escrow or a "constructive trust" for the benefit of claims made by the victim of his crime(s). A motion by your attorney to lock up these assets to prevent their loss (assets to be held by the court order) for later determination as to where they should properly be distributed, would at least prevent the other side from using these assets, and may give the victim's estate and heirs a claim against them based on Vermont law which can compensate victims for their criminal actions.

Obviously, there are many additional factors and questions which would need to be addressed, since these type of issues that combine criminal, civil, probate, and equitable actions can get murky. I suggest you find a competent probate attorney who can request the probate court to delay, and if necessary, contest the election, or at least the outright distrribution of the contested portion of the estate. Good luck.