§ 337. Requirement that individual survive decedent for 120 hours
Except as provided in the decedent’s will, an individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, intestate succession, and taking under decedent’s will, and the decedent’s heirs and beneficiaries shall be determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir or beneficiary survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in escheat. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 42 - Descent and Survivors' Rights
§ 302. Dower and curtesy abolished
§ 311. Share of surviving spouse
§ 312. Surviving spouse to receive household goods
§ 313. Surviving spouse; vessel, snowmobile, or all-terrain vehicle
§ 314. Share of heirs other than surviving spouse
§ 315. Parent and child relationship
§ 316. Allowances for surviving spouse and family during administration
§ 317. Allowance to children before payment of debts
§ 318. Allowance to children after payment of debts
§ 319. Elective share of surviving spouse; notice of rights
§ 320. Effect of divorce order
§ 321. Conveyance to defeat spouse’s interest
§ 322. Unlawful killing affecting inheritance
§ 323. Written waiver of spousal rights
§ 331. Degrees; how computed: kindred of half-blood
§ 332. Share of afterborn child
§ 333. Share of child or descendant of child omitted from will
§ 334. Afterborn and omitted child; from what part of estate share taken
§ 335. Beneficiary dying before testator; descendants to take
§ 336. Individual absent and unheard of; share of estate
§ 337. Requirement that individual survive decedent for 120 hours
§ 338. Distribution; order in which assets appropriated; abatement