Do I Need an Estate Plan?
June 19, 2022

Estate planning isn’t reserved for the wealthy. The process of estate planning helps you exert control over your life and assets in the event of your death or if you become incapacitated. For this reason, almost everyone should have an estate plan in place.

 

The term estate plan broadly refers to a set of legal documents used to establish your wishes. A will, trust, healthcare power of attorney, and durable power of attorney are some of the most common documents involved, and an experienced Vermont estate planning lawyer can help you determine how to use these tools effectively. The form and complexity of your estate plan depends largely on your unique circumstances. 

 

Three Estate Plan Components To Help Give You Peace of Mind for the Future

 

It can be daunting to think about what will happen if you become incapacitated or when you die. Instead, consider how creating an estate plan can help ease your anxieties about the future. A solid estate plan can help you distribute your assets, provide for your children, and ensure the quality of your future care. Then you can stop worrying about the “what ifs” and focus on enjoying the present, which almost always results in a better quality of life.

 

Distribution of Your Assets

 

You've spent your life building your assets. An estate plan ensures that your property is distributed in the manner you want after your death. Without an estate plan, a court-appointed third party may decide who benefits from your estate.

 

In your will, you choose the person who will administer your estate and how and to whom your assets will be distributed. Alternatively, if you establish a testamentary trust, you can appoint a trustee to manage trust assets according to your specifications for the beneficiary or beneficiaries you choose.

 

Care For Your Minor Children

 

Family relationships can be complex. If you have minor children, you'll want them to be well cared for after your death. But without specifically-laid out plans, family members may have differing ideas about who should care for the children and how they should be provided for.

 

An estate plan helps you make specific, legally-binding arrangements for your kids.

 

When you have children with your spouse, your spouse will usually take responsibility for the children if you die. However, if you are a single, custodial parent of biological or adopted children or have children as part of a blended family, your children's status may become uncertain.

 

As part of your estate plan, you can choose your children's guardian in the event of your death, avoiding the question of who should care for them. You can also provide instructions to the guardian regarding how you want your children to be raised.

 

Care For Yourself

 

A mental or physical disability can render you unable to make decisions. An estate plan details the decisions you've made in advance for the management of your care and affairs if you become incapacitated. Your dignity and quality of life when you are incapacitated will often depend on how well your decision-makers know you and what you want. 

 

Using a healthcare power of attorney, you can empower a person who knows your wishes to communicate with your doctors and make decisions regarding your medical care. With a durable power of attorney, you identify a person who has the authority to legally act on your behalf. In both documents, you determine the breadth of the appointee's authority. Powers of attorney can be appointed to make decisions regarding your health, finances, or both.

 

Contact Deppman Law PLC Today

 

If you have questions on how you can benefit from estate planning or how to start the process, reach out to Deppman Law PLC Today.

Understanding Vermont’s Property Disclosure Requirements

September 18, 2025
What sellers must legally share with buyers…and what happens if they don’t Selling a home or property in Vermont involves several legal steps, but one of the most important — and often overlooked — is the requirement to disclose information about the property’s condition. Unlike some states where detailed, standardized disclosure forms are required by law, Vermont takes a slightly different approach. Still, sellers are obligated to provide accurate and truthful information about the property, particularly regarding any known defects or issues that could impact its value or use. Do I Have to Disclose Defects When Selling My Property in Vermont? In Vermont, there is no statewide mandatory property disclosure form required by law. However, Vermont courts have clearly established that sellers must not make material misrepresentations or intentionally withhold information about known defects. In simple terms: you don’t have to volunteer every detail, but you can’t lie or conceal something significant. Because of this, most sellers — especially those working with real estate agents — complete a Property Information Report or another disclosure form anyway. These documents typically cover the age and condition of systems like plumbing, roofing, electrical work, heating, water supply, septic tanks, and more. Sellers may also be asked to disclose whether the home contains asbestos, lead paint, structural damage, or boundary disputes. If a seller is unsure about a particular item (like the age of a roof), they can state that they're uncertain — but they cannot knowingly provide false information. What Counts as a “Material Defect”? A material defect is any issue that could affect the value or livability of the property. Examples include: A leaky roof or foundation cracks Water damage or mold problems A malfunctioning water heater or furnace Infestations Boundary disputes or title issues Unsafe drinking water or septic system failure Hazardous materials, such as asbestos or a buried oil tank If a seller is aware of such issues and fails to disclose them — or worse, attempts to hide them — they could be held liable for fraud or misrepresentation, even after the sale has closed. What Happens If a Seller Fails to Disclose a Known Issue? If a buyer later discovers an undisclosed problem with the property, the seller could face legal consequences, such as: Paying for repairs or replacement of damaged or defective systems Compensating the buyer for a loss in the property’s market value Cancellation of the sale , in extreme cases Punitive damages if the court finds evidence of willful fraud The burden is often on the buyer to prove that the seller knew about the defect and intentionally failed to disclose it. That’s why many buyers in Vermont choose to work with qualified real estate attorneys and inspectors when purchasing property, especially when buying older or rural homes. What About “As Is” Sales? Even if a property is sold “as is,” a seller is still responsible for disclosing any known material defects. The “as is” clause simply means that the seller will not make repairs before the sale — not that they’re excused from telling the truth about the property’s condition. Best Practices for Sellers To minimize risk: Be honest about the property, even if it means disclosing costly issues. Use standardized property disclosure forms, even if not technically required. Keep records of inspections, repairs, and maintenance. Consult an attorney if you’re unsure about what to disclose. Disclosing a defect upfront is almost always cheaper — and far less stressful — than dealing with a lawsuit later. Need Legal Guidance? Buying or selling property in Vermont can be complicated, especially when it comes to disclosure obligations. At Deppman Law PLC, we help clients manage real estate transactions with clarity and confidence. Contact our office today to discuss your real estate questions and ensure your transaction is handled the right way, with the protection and peace of mind you deserve.

Gray Divorce—Unique Challenges for Couples 50 and Up in Vermont

August 20, 2025
Understanding retirement accounts, health insurance, and estate planning in later-life divorce Divorce is challenging at any age. But when it occurs later in life, it comes with a unique set of emotional, financial, and legal considerations. Known as “gray divorce,” this trend is on the rise nationwide, and Vermont is no exception. Whether it’s a couple who’s grown apart after decades together, a second marriage that didn’t work out, or an unexpected separation due to changing needs or values, older Vermonters face specific challenges when untangling their lives. If you’re over 50 and thinking about divorce — or already in the process — it's important to understand how Vermont law impacts key issues like retirement savings, health insurance, and long-term financial security. Dividing Retirement Benefits in Gray Divorce One of the biggest financial concerns for older couples is how divorce will affect retirement savings. In Vermont, retirement accounts — including 401(k)s, pensions, IRAs, or other investments — are generally considered marital property if they were earned or contributed to during the marriage. These assets are subject to equitable distribution — meaning a fair division, not necessarily an equal one. However, splitting retirement accounts is not as simple as taking a number and dividing it in half. Depending on the type of account, you may need a Qualified Domestic Relations Order (QDRO) or other legal tools to divide funds without triggering taxes or penalties. A thoughtful approach is key to ensuring both spouses can maintain financial stability during retirement. Health Insurance After Divorce In a gray divorce, health insurance can be a major issue — especially if one spouse has been relying on the other’s employer-based coverage. Once the divorce is finalized, coverage typically ends for the non-employee spouse. Here are options to consider: COBRA— Allows temporary continuation of coverage (at full cost) for up to 36 months. Vermont Health Connect— Offers individual health insurance plans, sometimes with subsidies depending on income. Medicare Eligibility— If one or both spouses are 65+, Medicare may be available — but understanding enrollment timelines and supplemental coverage options matters. Making the right choice can have a significant impact on both cost and quality of care during your later years. Estate Planning Must Be Updated Many divorcing couples overlook estate planning — but for those 50 and older, it’s essential. A divorce should prompt a full review of all important documents, including: Wills and trusts Powers of attorney Health care proxies Beneficiary designations (insurance policies, retirement plans, etc.) These documents likely name a spouse in key roles — and unless updated, they may leave your ex-spouse with unintended control over your medical, financial, or estate matters. Vermont courts encourage this reassessment to ensure your future wishes are clearly and legally defined. Emotional and Lifestyle Impacts Gray divorce isn't just about finances — it's about rebuilding life at a stage when identities are deeply intertwined. Many older adults face questions like: Where will I live now? How will I manage life alone after decades of marriage? What does my social circle look like now? Navigating these questions with support — both legal and personal — can help create a healthy path forward. Legal Guidance During a Later-Life Divorce At Deppman Law PLC, we understand the financial and emotional complexities of gray divorce in Vermont. Our goal is to help you make confident, informed decisions about your future. Contact our office today to schedule a consultation and ensure that your next chapter is protected, both legally and financially.