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700-00049 Guidance: Notice of Elections and/or Waivers by Spouse (Vermont)

The 700-00049 Notice of Elections and/or Waivers by Spouse form is used by a surviving spouse in Vermont to either accept or waive specific entitlements under a deceased spouse's will or estate, securing or renouncing rights to the estate share, homestead, household goods, and support. Jump to guide on filling it out.

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Tips for filling out form 700-00049

When completing form 700-00049, pay special attention to these less obvious sections:

Item 1

Election vs Waiver

When deciding to elect or waive your rights under 14 V.S.A. §319, consider the financial implications and consult with an estate attorney to understand how choosing either option affects your share of the estate. Electing to take the statutory share can impact other benefits you might receive under the will.
Item 2

Homestead Rights

Evaluate the implications of electing or waiving the right to your spouse's interest in the homestead. This decision could affect your living situation and financial security, so consider having a valuation or assessment done on the property.
Item 3

Household Memorandum

If you decide to request household goods and furnishings, attach a detailed memorandum. Clearly list each item you are requesting to avoid disputes. Ensure the list is comprehensive and reflects the value and sentimental significance of the items.
Item 4

Support Request

When requesting support, provide detailed reasons and evidence of your need for support. This can include your financial situation and any needs for your minor children, if applicable. Thorough documentation can strengthen your request.

What to do after filing form 700-00049

1
Retain a copy of the filed form for your personal records and ensure you have proof of submission, such as a stamped copy or filing receipt from the court.
2
Confirm that the court has received and processed your filed form by checking with the clerk of the Probate Division where you filed the document.
3
Wait for a response or order from the probate court, which may include scheduling a hearing regarding the elections and/or waivers you made in the form.
4
If applicable, prepare any additional documentation that the court may require or request in relation to your elections, such as detailed inventories of household goods if those were not initially submitted.
5
Consult with your attorney or legal advisor to discuss the potential implications of your elections and waivers, as well as any subsequent legal steps you may need to take.
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