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.


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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