IN RE THE ESTATE OF:
Laura Jean Smith
LATE OF _Milton, VT
ORDER AND NOTICE OF HEARING BY PUBLICATION
To: Ann Fielder, niece of Laura Jean Smith, late of 149 Pecor Ave, Milton, VT:
WHEREAS a Petition to Open Testate Estate has been filed in the Vermont Superior Court, Chittenden Probate Unit, alleging that Laura Jean Smith, late of Milton, VT, left an Instrument bearing the date of September 27, 2016 purporting to be her Last Will and Testament, which names Dale Terrier, as Executor and further alleging that the Decedent Icft personal and real estate to be administered.
WHEREAS, the Chittenden Probate Unit Court has assigned the 20th day of July 2021 at 10:00 o'clock in the a.m., to hear and decide upon the Petition, and has ordered that Notice be given to you by publishing this notice in Seven Days, a newspaper circulating in the Burlington, VT, area.
Service by publication to be complete at least 21 days prior to the date set for hearing.
THEREFORE, you are hereby notified to appear before said Court, located at 175 Main Street in Burlington, Vermont, at the time and place assigned, to make objections, if you have cause. If you do not appear or do not file your objections, the Court will allow the Petition, allow the Last Will and Testament, and appoint Dale Terrier, as Executor.
This is the first action in this proceeding. If you wish to receive notice of future events in this matter, you must formally enter your appearance with the Court. Per VRRP 80.3(b), an interested party must file an objection within 14 days of publication, otherwise, the will offered for admission shall be approved by the court without further notice or hearing.
Dated May 19, 2021.
Electronically signed pursuant to V.R.E.F. 9(d)
05/19/2021 10:27:14 AM
Chittenden Probate Unit Judge
Name of Newspaper:
Instructions for Remote WebEx Hearing or Case Manager Conference
Your upcoming hearing or case manager conference is being held remotely using the WebEx program. No one will be permitted to participate in person except with specific permission of the Court. (See details below)
Joining a WebEx Hearing: If you can, please read the detailed "How to Join WebEx" instructions and "Best Practices for Remote Hearings" at: https://www.vermontjudiciary.org/about-vermont-judiciary/participating-remote-hearings
WebEx Meeting ID Number (access code): 129 798 9865 WebEx Meeting Password: Wt87QmgDNQ8
The button above will take you to the WebEx meeting login screen. To manually join from your phone or computer, you can use this information below.
• Computer: Go to https://vtcourts.webex.com. Enter the meeting ID number and password listed above to join.
• Smartphone App: Download the "Cisco Webex Meetings" app. Tap "Join Meeting and enter the meeting ID number and password listed above to join.
• Phone: Dial 1-408-418-9388 (NOT toll-free) and when prompted enter the meeting ID number listed above, followed by the pound symbol (#). You will be prompted to enter your attendee number (which you do not have). Instead, press pound (#).
Remote hearings are hearings. Lawyers are responsible for having their clients present with them or providing them with the WebEx login information.
• You should be on time and be respectful just as if you were in the courtroom
• Have a clear connection and be in a quiet location
• You must not interrupt others speaking unless you cannot hear or have legal objection. If you simply disagree with what is being said, make a note to bring up your disagreement when it is your turn.
• You must call back immediately if you are disconnected, if you do not call back the Court may dismiss your motion or issue an order without you
• You must call in on a separate line from any other participant and you must not use a speaker phone
You should contact the Clerk's office at JUD.ChittendenUnit@vermont.gov if:
• you do not have access to a phone or internet service that will work for attending remotely
• you need an interpreter
• you are an individual with a disability requiring assistance or a reasonable accommodation (please explain in a clear and detailed way)
• you have WebEx technical questions
2.10.2021 - motion
Any parties or lawyers who object to the remote hearing or are unable to participate: At least (3) business days before the date of the hearing or case manager conference, you must send or bring a written motion or request to the court that includes a brief explanation for your request. You must send a copy to other parties as soon as possible and you may email the Court's copy to: JUD.ChittendenUnit@vermont.gov .The court will consider your request and decide how to proceed.
• Factors the court may consider include:
o whether you have adequate phone or internet access to participate remotely
o the parties' convenience
o the type of the hearing
o whether there is a way for a lawyer to confidentially communicate with a party or witness in a remote hearing
o whether a participant is incarcerated
o whether the hearing will involve documents and cross examination
o whether all parties agree concerning your objection
o whether the remote hearing will unreasonably harm your case.
If you have been granted permission to attend Court in person, you must:
• Arrive early to pass a health screening before entering the courthouse;
• Wear a mask that covers your mouth and nose at all times, (if you do not have a mask, one will be provided);
• Stay at least six feet away from other people; and
• Follow any other health and safety rules of the court.
Filing of exhibits or evidence (or other): You must send or bring a copy to the court and send a copy to all the other parties in the case, any proposed exhibits or evidence at least 5 business days before the date of your hearing or case manager conference. All non-document exhibits, or evidence must be hand delivered.
• Non e-filers: You may bring or email the Court's copy to: JUD.ChittendenUnit@vermont.gov
• E-filers: You must use the VT Odyssey File & Serve program unless an alternate method has been approved. If you fail to do this, the Court may dismiss your motion or may exclude any documents not produced prior to the hearing.
For Self-Represented Litigants you may also refer to these pages on the VTLawHelp.Org website:
COVID and the Courts intro: https://vilawhelp.org/coronavirus-updatesttcourts
COVID and the Courts detail: https://vtlawhelp.org/court-hearing-feeling-sick-coronavirus