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Changes to Vermont's Probate Law: Increasing the Surviving Spouse's Share and Other Measures

Vermont’s laws of descent and distribution and spousal elective share were established in the late 18th century and were closely aligned with the English common law provisions. Few changes were made in those laws until 2009. In that year, the Vermont Legislature amended the intestacy and spousal elective share provisions to provide increased support for a surviving spouse. This article analyzes those changes and suggests that further modifications are, perhaps, needed.