Estate Planning for Vermont’s Second Homeowners
December 18, 2024

Vermont is a beloved destination for second homeowners. Whether your Vermont property is a summer lake house, a winter ski chalet, or a peaceful rural retreat, it’s more than just real estate—it’s a place where memories are made and family traditions grow.


But second homes also come with unique estate planning considerations. If you own or are thinking about purchasing a second home in Vermont, a well-crafted estate plan can help you preserve this special place for future generations while avoiding unnecessary legal complications.


Why Second Homes Require Special Estate Planning Attention


Unlike your primary residence, a second home is often shared among family members, passed down over time, or even used as a rental property. That means your estate plan needs to address not just ownership and transfer, but also questions of usage, maintenance, taxes, and future conflicts.


Some key considerations include:


  • Who will inherit the home?
    Leaving a second home to multiple heirs can sometimes lead to disagreements, especially if expectations aren’t clear or if one heir wants to sell while others want to keep the property.
  • How will expenses be handled?
    Property taxes, utilities, insurance, and upkeep can add up. Without a clear plan, heirs may be left wondering who’s responsible—and disputes can arise.
  • What if the home is out-of-state for the heirs?
    Travel distance, local regulations, and logistics may affect your heirs’ ability to manage or enjoy the property.


By addressing these questions in your estate plan, you can protect your investment and reduce the risk of family conflict.


Planning Tools for Vermont Second Homeowners


Fortunately, there are several estate planning tools available to help you structure the future of your Vermont property. The right choice depends on your family dynamics, financial goals, and long-term vision for the home.


  1. Revocable Living Trusts: Placing your second home in a revocable living trust can help avoid probate in Vermont, especially if you live in another state. This keeps the transfer of your property private, expedient, and less costly. You can also use the trust to outline how the property should be used or managed.
  2. Limited Liability Companies (LLCs): Some families choose to transfer ownership of a second home to an LLC. This can provide liability protection, allow for shared ownership among heirs, and include operating agreements that spell out decision-making rules, usage schedules, and buyout provisions.
  3. Life Estate Deeds: This option allows you to retain the right to live in or use the home during your lifetime, while automatically transferring ownership to your chosen beneficiaries upon your death. However, it can limit your ability to sell or refinance, so it’s best used in specific situations.
  4. Co-Ownership Agreements: If you’re planning to leave the home to more than one heir, consider creating a co-ownership agreement as part of your estate plan. This agreement can address maintenance duties, expense sharing, scheduling usage, and what happens if someone wants to sell their share.
  5. Vacation Home Trusts: These specialized trusts are designed for families who want to keep a vacation home in the family for generations. They can include rules about use, maintenance funding, and succession planning.


Don’t Forget the Tax Implications


Vermont does not currently impose an estate tax for estates under $5 million (as of 2025), but federal estate tax and capital gains issues may still apply. If you purchased your second home decades ago, your beneficiaries could face significant taxes upon sale unless the property is transferred in a tax-efficient manner.


Proper planning—such as using a trust or updating the property's cost basis through inheritance—can help mitigate these consequences.


Keep Your Plan Updated


As life circumstances change, so should your estate plan. Marriage, divorce, the birth of grandchildren, changes in tax law, or a decision to rent out the home seasonally can all affect how your second home should be treated in your estate plan. Regular reviews with an estate planning attorney ensure your plan remains current and reflective of your goals.

 

Plan for Peace of Mind—Contact Deppman Law PLC


If you own a second home in Vermont—or plan to—now is the time to start thinking about how to protect it for the future. At Deppman Law PLC, we understand the unique considerations facing second homeowners and offer customized estate planning services tailored to Vermont property owners. Contact us today and let us help you create a plan that keeps your family retreat exactly that—a place for family, not for disputes.


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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