§ 1725. Application of advancement
(a) If an advancement is in real property, the same shall be set off, first, against the heir’s or other beneficiary’s share of real property in the estate, including the real property so advanced, and the excess value, if any, shall be set off against the heir’s or other beneficiary’s share of the decedent’s personal estate.
(b) If an advancement is in personal estate, the same shall be set off, first, against the heir’s or other beneficiary’s share in the personal estate, and the excess value, if any, shall be offset against the heir’s or other beneficiary’s share in the real property of the estate.
(c) If the heirs or beneficiaries consent, a different application of the advancement may be made. (Amended 2017, No. 195 (Adj. Sess.), § 10.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 77 - Decrees of Distribution or Partition of Estates
§ 1721. Distribution; court to order; persons entitled to shares may recover
§ 1722. Parties interested may have order on giving bond
§ 1723. Advancement; how asserted; what constitutes
§ 1724. Advancement reckoned toward heir’s share
§ 1725. Application of advancement
§ 1726. Advancement reckoned toward share of representative of deceased heir
§ 1727. Valuation of advancement
§ 1728. Court to determine questions of advancement
§ 1730. Partition of real estate in different counties
§ 1731. Partition unnecessary when parties agree
§ 1734. Partition when ownership has changed
§ 1735. Shares, how set out in partition
§ 1736. Severance from estate of third persons
§ 1737. When estate cannot be divided without injury; to be sold; procedure
§ 1739. Final decree of distribution or partition; bond
§ 1740. Payment of expenses; from estate, if sufficient
§ 1741. Parties to pay cost of partition, when
§ 1742. Record of decrees relating to real estate; where recorded