Fill and Sign the Rights Surviving Spouse Form

STATE OF VERMONT PROBATE COURT DISTRICT OF ____________ In Re the Estate of: ) DOCKET No. __________ ) __________________ ) , Deceased ) ) ) LATE OF ) ) __________________ . ) ) ) NOTICE OF RIGHTS OF SURVIVING SPOUSE If your husband or wife has died, you may have important legal rights. Some of these rights must be exercised within certain time limits. In order to promptly determine the actions you should take to protect your interests, you may want to seek legal advice. Some decisions must be made within eight months of the date the will has been allowed, or, if there is no will, of the date probate estate was opened. For example, if there was a will, you may have to elect within eight months whether or not you wish to take a share of the decedent's personal estate pursuant to 14 V.S.A. § 402 or whether or not you wish to set out homestead pursuant to 27 V.S.A. § 105. Whether or not there was a will, you may have to elect within eight months whether or not to take a share of the decedent's real estate pursuant to 14 V.S.A. §§ 461, 474, or whether or not you wish to take the share of the estate specified in 14 V.S.A. § 551. Some decisions need not be made within eight months but you may wish to act promptly to protect your interests. For example, you have the right to file a motion with the fiduciary or the court asking for support for yourself and/or your minor children until the estate is settled. If your husband or wife died without a will, and if you resided with your spouse at the time of death and your spouse died without any children, you also are entitled to file a motion with the court asking for an order granting you ownership of all the household goods, furnishings, furniture and related household possessions. - 1 - The purpose of this document is to notify you of possible elections and rights you may have. This notice does not detail the conditions under which elections and rights exist. Nor is it intended to encourage you to exercise any elections or rights you may have. As noted above, you may wish to obtain advice from a lawyer before acting on any of the elections or rights mentioned above. Date ___________________ Signed _________________________________________ Executor Res.9/5/95 - 2 -