(a) If a person, by or against whom an action may be brought, dies before the expiration
of the time within which such action may be commenced as provided by this chapter
or dies within 30 days after the expiration of such times, the period of limitation
as to such action shall cease to operate at the date of his or her death. After the
issuance of letters testamentary or of administration, such action, if the cause of
action survives, may be commenced by or against the executor or administrator within
two years, and not after.
(b) If commissioners are appointed on such estate and the claim against the decedent is
a claim proper for the consideration of the commissioners, the same shall be presented
to the commissioners within the time allowed other creditors to present their claims.
Such claim may be presented to the commissioners any time within 15 years after the
date of such death, and not after, but such claim shall be presented in accordance
with the provisions of 14 V.S.A. chapter 65.
Martel v. Stafford, 603 A.2d 345 (Vt. 1991). · cites it 12דThe Rutland Superior Court dismissed the action as filed beyond the limitation period imposed by 12 V.S.A. § 557(a), and this appeal followed.”
Benson v. MVP Health Plan, Inc., 2009 VT 57 (Vt. 2009). · cites it 3דMVP moved to dismiss, arguing that the claim was barred by the two-year limitations period set forth in 12 V.S.A. § 557(a). That statute reads as follows: If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action…”
Leo v. Hillman, 665 A.2d 572 (Vt. 1995). · cites it 3דThe court disagreed, concluding that the matter was governed by 12 V.S.A. § 557(a) (Death of a party), which states: If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action may be commenced as provided by this…”
In Re Est. of Peters, 765 A.2d 468 (Vt. 2000). · cites it 3דSee 12 V.S.A. § 557(a). Plaintiff implicitly concedes the applicability of the limitation, but contends that the statute of limitations has been waived in this case by defendant’s failure to assert it.”
Est. of Harris v. Eichel, 565 A.2d 1281 (Vt. 1988). · cites it 3דThe trial court’s decision was based on 12 V.S.A. § 557(a), which states: (a) If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action may be commenced as provided by this chapter or dies within thirty days after…”
Mier's Admr. v. Boyer, 196 A.2d 501 (Vt. 1963). · cites it 3ד§§1451-1452 and 12 V.S.A. §557. He argues that since the legislature has by the enactment of 12 V.”
Pike v. Chuck's Willoughby Pub, Inc., 2006 VT 54 (Vt. 2006). “See 12 V.S.A. § 557(a) (tolling limitations period for time between decedent’s death and the appointment of administrator of decedent’s estate).”
Merrill v. Reville, 380 A.2d 96 (Vt. 1977). “§ 1492 which requires a wrongful death action to be commenced within two years from the death of plaintiff’s intestate and by 12 V.S.A. § 557 which provides that a survival action may be commenced by an administrator within two years after the issuance of letters of…”
Parent v. Beeman, 420 A.2d 866 (Vt. 1980). · cites it 7דSince this is a wrongful death action and not one for injuries sustained prior to death, it follows that 12 V.S.A. § 557 (a) does not apply to the case at bar, and that certified questions (2) and (3) must be answered in the negative.”
Jakeway ex rel. Est. of Jakeway v. Siva (Vt. Super. Ct. 2012). · cites it 9דPlaintiffs (the Administratrix of the Estate and the decedent’s wife, who asserts a loss of consortium claim) assert that because this is a survival action, their suit is timely filed under 12 V.S.A. § 557(a), as it was commenced within two years of the appointment of an…”
Schulman v. Saloon Beverage, Inc., 991 F. Supp. 2d 501 (D. Vt. 2014). · cites it 2ד2d 866 (1980), a wrongful-death case in which the Court concluded that the tolling provision in 12 V.S.A. § 557(a) was not available to toll the two-year limitations period under the wrongful death statute, both because of the language of the tolling provision itself, and by…”
C. Wayne Clark v. Richard A. DiStefano, 195 A.3d 379 (Vt. 2018). “§ 464, contained in the same chapter (Chapter 23) with 12 V.S.A. § 557(a). That section reads: ".”
Martel v. Stafford, 603 A.2d 345 (Vt. 1991). “The Rutland Superior Court dismissed the action as filed beyond the limitation period imposed by 12 V.S.A. § 557(a), and this appeal followed.”
Benson v. MVP Health Plan, Inc., 2009 VT 57 (Vt. 2009). “MVP moved to dismiss, arguing that the claim was barred by the two-year limitations period set forth in 12 V.S.A. § 557(a). That statute reads as follows: If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action…”
Leo v. Hillman, 665 A.2d 572 (Vt. 1995). “The court disagreed, concluding that the matter was governed by 12 V.S.A. § 557(a) (Death of a party), which states: If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action may be commenced as provided by this…”
In Re Est. of Peters, 765 A.2d 468 (Vt. 2000). “See 12 V.S.A. § 557(a). Plaintiff implicitly concedes the applicability of the limitation, but contends that the statute of limitations has been waived in this case by defendant’s failure to assert it.”
Est. of Harris v. Eichel, 565 A.2d 1281 (Vt. 1988). “The trial court’s decision was based on 12 V.S.A. § 557(a), which states: (a) If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action may be commenced as provided by this chapter or dies within thirty days after…”
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