§ 1402. Sum recovered paid to person entitled thereto
When an executor or administrator commences or prosecutes an action founded on a debt, demand, or claim for damages, and is only a trustee of the claim for the use of another person, and where the claim, although prosecuted in the name of the executor or administrator, belongs to another person, the sum or property recovered shall not be assets in the hands of the executor or administrator, but shall be paid over to the person entitled to them, after deducting or being paid the costs and expenses of the prosecution. (Amended 2017, No. 195 (Adj. Sess.), § 7.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 71 - Actions by and Against Executors and Administrators
§ 1401. Executor or administrator may sue and defend
§ 1402. Sum recovered paid to person entitled thereto
§ 1410. Representative may compromise claims of the estate
§ 1411. Disputed claim may be referred
§ 1412. Claim between executor and estate
§ 1413. Debt as personalty; representative may foreclose mortgage
§ 1416. Estate not sued when masters appointed; exceptions
§ 1452. When actions for personal injury survive
§ 1453. Survival of causes of action
§ 1455. Heir may not sue until share assigned
§ 1491. Right of action where death results from wrongful act
§ 1492. Action for death from wrongful act; procedure; damages