Detailed Answer
Distributing wrongful death proceeds in Vermont requires compliance with the Vermont Wrongful Death Act. By following 14 V.S.A. § 1491–1493, you ensure fair and orderly distribution of compensation to the decedent’s rightful heirs.
- Appointment of Personal Representative: Under 14 V.S.A. § 1491 (legislature.vermont.gov/statutes/section/14/061/01491), the probate court appoints a personal representative to file and manage the wrongful death claim.
- Settlement or Judgment: Any award or settlement becomes part of the decedent’s estate and is subject to probate distribution.
- Identify Eligible Heirs: Vermont law defines the order of distribution in 14 V.S.A. § 1492 (legislature.vermont.gov/statutes/section/14/061/01492):
- Spouse and children (shares distributed per stirpes)
- If no spouse or children, then parents
- If no parents, then siblings
- If none of the above, more remote next of kin
- File Petition for Distribution: The personal representative files a detailed petition with the probate division, listing each beneficiary and proposed share.
- Court Approval: A probate judge reviews the petition and approves or modifies the distribution plan.
- Disbursement: Once approved, funds are disbursed. Minors receive their share through a court-appointed guardian or trustee.
Damage Categories: Recoverable damages include loss of support, loss of companionship, and funeral expenses under 14 V.S.A. § 1493 (legislature.vermont.gov/statutes/section/14/061/01493).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Gather key documents: death certificate, marriage certificate, and birth certificates.
- Prepare a clear family chart showing relationships to the decedent.
- Check local probate court rules and filing deadlines.
- File the wrongful death claim within two years of death under 14 V.S.A. § 1493.
- Appoint a guardian or trustee if any heir is under 18.
- Consult a probate or wrongful death attorney to guide you through court procedures.