NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal
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2018 VT 102
No. 2018-021
Patricia Hayes Supreme Court
On Appeal from
v. Superior Court, Addison Unit,
Civil Division
Allison Hayes, Brian Hayes and May Term, 2018
LPL Financial, LLC
Helen M. Toor, J.
Michele B. Patton and James W. Swift of Langrock Sperry & Wool, LLP, Middlebury, for
Plaintiff-Appellant.
Joan W. D. Donahue of Brennan Punderson & Donahue, PLLC, Middlebury, for
Defendants-Appellees Allison Hayes and Brian Hayes.
PRESENT: Reiber, C.J., Skoglund, Robinson and Carroll, JJ., and Davenport, Supr. J. (Ret.),
Specially Assigned
¶ 1. CARROLL, J. This case involves a dispute over a husband’s designation of his
niece and nephew, defendants Allison Hayes and Brian Hayes, as the beneficiaries of his
Individual Retirement Account (IRA) rather than his wife, plaintiff Patricia Hayes. Husband is
now deceased. Wife filed a declaratory judgment action, arguing that the beneficiary designation
should be declared void under 14 V.S.A. § 321 and that the IRA funds should pass through
husband’s estate. The trial court granted summary judgment to defendants, concluding for several
reasons that wife was not entitled to relief under § 321. We agree with the trial court that § 321
does not apply here because wife took under husband’s will rather than electing her statutory share
of his estate. We therefore affirm.