If a person dies leaving a surviving spouse, the person’s homestead to the value provided
in this chapter shall pass to and vest in the surviving spouse without being subject
to the payment of debts of the deceased, unless legally charged on the homestead in
the person’s lifetime, and the surviving spouse shall take the same estate in the
homestead of which the surviving spouse’s husband or wife dies seised. The Probate
Division of the Superior Court in which the decedent’s estate is pending shall set
out the homestead to the surviving spouse. (Amended 1985, No. 144 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2023, No. 6, § 317, eff. July 1, 2023.)
D'Avignon v. Palmisano, 34 B.R. 796 (D. Vt. 1982). “It may also be inferred from a reading of Vt.Stat.Ann. tit. 27 § 105 (1975), which provides for the vesting of the homestead in the surviving spouse upon the decease of his or her partner.”
In re Est. of Mainolfi, 2005 VT 61 (Vt. 2005). · cites it 6דTitle 27 V.S.A. § 105 vests a surviving spouse with the same interest in the homestead with which the decedent spouse was vested at death, and neither spouse can transfer or waive the homestead interest before it vests.”
In Re Avery, 41 B.R. 224 (Bankr. D. Vt. 1984). “See 27 V.S.A. § 105 reading in part as follows: “Surviving spouse’s interest in homestead If such person 1 dies leaving a widow or surviving husband, his or her homestead to the value aforesaid shall pass to and vest in such widow or surviving husband without being subject to…”
Budde v. Pierce, 375 A.2d 984 (Vt. 1977). · cites it 2ד§ 461 and 27 V.S.A. § 105. The appellant contends that the divorce decree effectively deprived the decedent of seisin in the property and that as a result he did not *155 die “seised” of the property so that appellee’s statutory rights could attach thereto.”
Charter One Bank v. Est. of Spillane, 807 A.2d 452 (Vt. 2002). “Her interest is derivative, see 27 V.S.A § 105, and therefore only as good as Phillip’s interest, which the trial court found, and we agree, was limited by the mortgage.”
In re Est. of Switzer, 599 A.2d 358 (Vt. 1991). “After allowance of the will by the Marlboro District Probate Court, the surviving spouse filed a notice with that court requesting that court to set out the homestead pursuant to 27 V.S.A. § 105, waiving the provisions of the will in order to claim a share of decedent’s real…”
Muther v. CitiMortgage, Inc. (In re Muther), 479 B.R. 316 (Bankr. D. Vt. 2012). · cites it 2ד27 V.S.A. § 105. However, the key statutory section for purposes of this litigation is § 141.”
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