Superior court was correct it did not have jurisdiction over probate appeal on question of law, but Court takes jurisdiction and remands.

In re Peter Val Preda Trusts (Peter Val Preda, Jr., Appellant), 2019 VT 61 [8/30/2019]

REIBER, C.J. Petitioner appeals the civil division’s determination that it lacked jurisdiction to consider his appeal of the probate division’s dismissal of his petition to remove the individual family co-trustee on two trusts of which he is a beneficiary and to name his wife as successor trustee. We uphold the civil division’s reasoning but transfer petitioner’s appeal to this Court and remand the matter for further proceedings in the probate division on the petition for removal of trustee

The probate division denied the petition, stating that, “[u]pon review of the Petitioner’s moving papers and the reply of Trustee, the court will decline to intervene in the administration of this trust.” In support of that statement, the probate division cited 14A V.S.A. § 201(a), which provides that the probate division “may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.”

Petitioner filed a timely notice of appeal to the civil division, which determined that it lacked jurisdiction to consider the appeal because it raised only issues of law that should have  been appealed to this Court.  We agree with the civil division’s assessment that petitioner’s appeal from the probate division’s August 23 order essentially concerned questions of law.  Nevertheless, rather than dismissing the appeal, we will consider it as having been filed with this Court rather than the civil division.

Turning to the merits of the appeal, we conclude that the matter must be remanded .

Petitioner’s appeal from the probate division’s August 23, 2018 order is transferred to this Court. The August 23 order is reversed, and the matter is remanded for the probate division to provide petitioner an opportunity to contest the dismissal of his petition for removal and replacement of the individual family co-trustee.