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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10259
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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In the state of Vermont does my partners death he left a will

Customer Question

in the state of Vermont does my partners death he left a will that I stay in the house for 90 days do the children have to go by the will?
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.
My sympathies for your loss; when there is a will it would be admitted to probate and the executor would be in charge of ensuring that the decedent's wishes are carried out.So if the will provides that a person is to remain in the house, that would be controlling-if the will is silent, it is possible to list the home for sale (if the will orders that) during that time, but title would not be able to change hands until the specified time. If the executor fails to comply with the terms of the will then the person with the interest may bring an action, requesting that the court orders the executor to comply; this is also grounds to have the executor removed from that position as it shows an unwillingness to follow the dictates of the law. If the petitioning party is successful, the court may award attorney fees and costs. Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!
Expert:  LegalGems replied 1 year ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!