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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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April 22, 2025
When you're running a small business, hiring the right team is one of the most important decisions you'll make. But equally important is understanding the laws that govern those employment relationships—including the principle of at-will employment. Vermont, like most states, follows the at-will employment doctrine—but that doesn’t mean employers can fire employees for just any reason. In this article, we break down what at-will employment means in Vermont, its legal limits, and how small business owners can protect themselves and their employees through clear policies and smart practices. What Does “At-Will Employment” Mean? At its core, at-will employment means that either the employer or the employee can terminate the employment relationship at any time, for any reason—or for no reason at all—as long as the reason is not illegal. In Vermont, this principle applies by default unless there is a contract (written or implied) stating otherwise. So unless you’ve signed an agreement specifying terms for termination, the employment is presumed to be at-will. Legal Limits on At-Will Employment While at-will employment gives employers a fair amount of flexibility, it is not unlimited. There are important exceptions and protections that every Vermont business owner must understand: Discrimination Laws  Employers may not fire employees on the basis of protected characteristics such as: Race, color, or national origin Sex, gender identity, or sexual orientation Age (40 and over) Disability Religion Pregnancy Marital status These protections come from both federal laws (like Title VII of the Civil Rights Act and the ADA) and state laws under the Vermont Fair Employment Practices Act (VFEPA). Vermont law also offers broader protections than federal law in some areas. Retaliation and Whistleblowing An employee cannot be fired for: Reporting illegal activity or safety violations Filing a workers’ compensation claim Taking protected medical or family leave Complaining about harassment or discrimination Participating in a workplace investigation These are considered forms of retaliation, and terminating someone for these reasons—even in an at-will setting—could expose your business to liability. Breach of Contract Even if you didn’t intend to create an employment contract, certain policies, offer letters, or handbooks may create implied contractual obligations. For example, promising “job security” or suggesting that employees can only be fired “for cause” might override the at-will presumption. Best Practices for Vermont Employers To make sure you’re staying on solid legal ground while managing your team, consider the following best practices: Use Clear, Written Offer Letters: When hiring employees, include a statement in the offer letter that the position is “at-will” and that either party can end the relationship at any time, with or without cause or notice. Draft a Thoughtful Employee Handbook: A good handbook should outline key policies while preserving your rights as an employer. Include an at-will disclaimer and reserve the right to revise policies at any time. Train Your Managers: Many employment claims stem from inconsistent or poorly communicated decisions. Make sure supervisors understand what at-will employment does—and doesn’t—mean, and that they apply policies fairly. Document Performance Issues: Even in an at-will state, it’s wise to maintain records of warnings, performance reviews, or disciplinary actions to show a legitimate, non-discriminatory basis for termination decisions. Consult Legal Counsel Before Termination: Some situations are straightforward—but others are more complex. If you're planning to terminate an employee who recently complained, took medical leave, or belongs to a protected class, it’s best to speak with an attorney before proceeding. Vermont-Specific Considerations Vermont has a strong culture of employee rights and progressive labor laws. In addition to broader anti-discrimination protections, Vermont offers laws covering: Earned sick leave Parental and family leave Recreational marijuana use (with limits on workplace impact) Ban-the-box legislation, limiting when you can ask about criminal history Keeping up with these evolving laws is critical for small businesses looking to minimize risk and maintain a positive workplace culture. Need Guidance on Employment Practices? At Deppman Law PLC, we understand the challenges Vermont small businesses face when it comes to hiring, managing, and—when necessary—terminating employees. Our attorneys can help you manage at-will employment laws, draft legally sound policies, and avoid costly missteps. Contact Deppman Law today to schedule a consultation and learn how we can support your business every step of the way.
March 21, 2025
For many couples, the family home is more than just their biggest financial asset—it’s also where memories were made, children were raised, and routines were built. So when a marriage ends, one of the most emotionally and financially significant questions becomes: What happens to the house? In Vermont, there’s no one-size-fits-all answer. The outcome depends on a range of factors, including how the property was acquired, whose name is on the deed, and what’s considered “equitable” under state law. Vermont Is an Equitable Distribution State Unlike community property states, where marital assets are divided 50/50, Vermont follows equitable distribution rules. That means the court aims for a division of property that is fair, but not necessarily equal. When it comes to the house, the court will look at the full picture to determine who should receive it—or whether it should be sold. Is the Home Marital Property? The first step in deciding what happens to the house is to determine whether it’s considered marital property or separate property. Marital property generally includes any property acquired by either spouse during the marriage, regardless of whose name is on the deed. Separate property is usually property owned by one spouse before the marriage, inherited individually, or received as a gift—though even separate property can become marital under certain conditions. For example, if one spouse bought the home before the marriage but both spouses contributed to the mortgage or improvements, the house (or at least part of its value) may be treated as marital property. What Factors Does the Court Consider? When deciding what to do with the house, Vermont courts look at a number of factors to determine what’s fair. These include: The length of the marriage Each spouse’s contributions (financial and non-financial) The needs of any children Each spouse’s earning potential and financial circumstances Whether one spouse wants to keep the home and can afford to do so Whether one spouse has primary custody of the children and would benefit from staying in the home Common Outcomes for the House in Divorce Depending on the circumstances, there are several ways the home can be handled: 1. One Spouse Buys Out the Other If one spouse wants to keep the home, they may buy out the other spouse’s share. This typically involves refinancing the mortgage in their own name and paying the other spouse their portion of the home’s equity. 2. The Home Is Sold and the Proceeds Are Split This is often the simplest option, particularly if neither spouse can afford to keep the house on their own or if neither wants it. The couple sells the house and divides the equity according to the divorce agreement or court order. 3. One Spouse Stays Temporarily In some cases, especially where children are involved, one spouse may stay in the home for a set period of time (e.g., until the youngest child turns 18), after which the home is sold and the proceeds divided. 4. Both Spouses Continue to Co-Own Rare, but possible—especially if the real estate market is poor or the home has sentimental value. This requires careful planning, clear agreements about expenses and responsibilities, and an exit plan. Don’t Forget the Tax and Mortgage Implications Whatever the outcome, it’s important to consider: Mortgage liability— If both spouses are on the mortgage, both are responsible—even if one moves out. Capital gains taxes— Selling a home may trigger taxes on the profit, though married couples can often exclude up to $500,000 in gains if certain conditions are met. Refinancing challenges— The spouse keeping the home must qualify on their own for refinancing. These financial and tax issues are why it’s important to work with both a divorce attorney and a financial advisor during this process. Need Help Managing Property Division? Contact Deppman Law PLC Dividing property—especially the family home—can be one of the most difficult aspects of divorce. At Deppman Law PLC , we’re here to help you understand your rights, evaluate your options, and reach a fair and sustainable resolution. Contact us today for a confidential consultation about your case.
February 19, 2025
In Vermont, tenants enjoy strong legal protections, and landlords must follow specific procedures when seeking to remove a tenant from a rental property. One of the most important requirements is having “just cause” for the eviction—especially when dealing with month-to-month or subsidized tenancies. At Deppman Law PLC , we regularly advise both landlords and tenants on their rights and responsibilities under Vermont’s landlord-tenant laws. Today, we’ll walk through what “just cause” means, what qualifies, and how the rules apply depending on the type of tenancy. What Does “Just Cause” Mean? “Just cause” means that a landlord must have a legally valid reason to evict a tenant. In many Vermont municipalities—including Burlington and other communities with local rental ordinances—just cause eviction laws are in place to prevent landlords from evicting tenants arbitrarily or without reason. Even where no local ordinance exists, state law still provides baseline protections. For subsidized housing (such as Section 8 or other public housing programs), federal and state rules require landlords to have just cause before terminating a lease—even at the end of the lease term. Common “Just Cause” Grounds for Eviction in Vermont While the specific language of just cause ordinances can vary slightly from one locality to another, the following are widely recognized as legal grounds for eviction in Vermont: 1. Nonpayment of Rent This is one of the most common reasons for eviction. If a tenant fails to pay rent on time, a landlord may serve a notice to pay or quit. If payment isn’t made, the landlord can file for eviction—but only after giving proper notice, typically 14 days under Vermont law. 2. Violation of Lease Terms If a tenant breaches a condition of the lease—such as subletting without permission, having unauthorized pets, or damaging the property—the landlord may pursue eviction. However, landlords must give the tenant written notice of the violation and may be required to give them time to correct the issue. 3. Illegal Activity Engaging in illegal activity on the premises, such as drug use or distribution, may be grounds for immediate eviction. The landlord must still provide appropriate notice and evidence of the conduct in court. 4. Material Health and Safety Violations If the tenant is creating conditions that endanger health or safety—for example, hoarding, failing to dispose of garbage, or disabling smoke detectors—these actions may support a just cause eviction. 5. Owner Move-In or Substantial Renovation Some Vermont cities allow eviction if the landlord or a family member intends to move into the unit or if the property requires major renovations that necessitate vacancy. This must be handled carefully and often requires advance notice (typically 90 days) and documentation. 6. Refusal to Sign a New Lease (If Reasonable) If a tenant refuses to sign a lease renewal with reasonable and legal changes, this may be considered just cause for non-renewal or eviction. What Is Not Just Cause? Landlords cannot evict tenants for discriminatory reasons, retaliate against tenants for asserting their legal rights (like complaining to the health department), or remove tenants without cause if local ordinances require it. For example: A tenant cannot be evicted simply because the landlord wants a different tenant. You cannot evict a tenant for reporting code violations or requesting repairs. You cannot remove a tenant based on race, gender, family status, religion, or other protected categories under state and federal fair housing laws. Just Cause Requirements Vary by Municipality Some Vermont towns and cities—most notably Burlington —have their own “just cause eviction” ordinances that provide additional tenant protections. For example, Burlington’s ordinance passed in 2022 requires landlords to have just cause for any termination of a residential lease, including month-to-month leases. Landlords operating in these municipalities must be careful to comply not only with state law but also with local ordinances, which may require longer notice periods or restrict certain grounds for eviction altogether. The Importance of Proper Procedure Even with just cause, landlords must follow specific legal procedures for eviction. This includes: Serving the correct type of notice (14, 30, or 60 days depending on the cause and lease type) Filing a court complaint if the tenant doesn’t vacate Obtaining a court order for eviction— self-help evictions are illegal in Vermont Failure to follow these steps can delay the process and may expose the landlord to legal liability. Contact Deppman Law PLC Today Whether you're a landlord trying to understand your rights or a tenant facing eviction, Vermont’s landlord-tenant laws can be complex—and the consequences of missteps can be serious. At Deppman Law PLC , we help clients across Vermont resolve rental disputes, comply with local ordinances, and protect their legal interests. Contact us today to schedule a consultation and get experienced guidance tailored to your situation.
January 9, 2025
Starting a business is exciting—but starting one with family or close friends adds an extra layer of trust, enthusiasm, and shared vision. It can also add risk. At Deppman Law PLC , we often meet clients who enter into business partnerships with loved ones only to discover later that good relationships don’t always guarantee good business outcomes. The key to maintaining both a healthy business and a healthy relationship is clear communication—and proper legal planning. Here’s what every Vermont entrepreneur should know before launching a business with people they care about. 1. Treat It Like a Business—Because It Is One It’s tempting to assume that a handshake and a shared dream are enough when starting a business with someone you trust. But even the closest relationships can fray under the pressures of ownership, money, and decision-making. The best way to preserve those personal relationships is to approach the business professionally from the very beginning. That means forming the appropriate legal structure, outlining each person’s role, and addressing key “what if” scenarios while everyone is still on the same page. 2. Choose the Right Business Structure The structure you choose affects everything from taxes and liability to decision-making authority. If you’re forming a business with others, you’ll likely be considering one of the following: Limited Liability Company (LLC)— Offers flexibility and personal liability protection. You can customize roles and responsibilities in the operating agreement. Partnership— Easier to form but comes with shared liability unless limited protections are added. S Corporation— May offer tax advantages but is more complex to set up and maintain. Each has its pros and cons, and the right fit depends on your goals, risk tolerance, and financial picture. An attorney can help you weigh the options. 3. Draft a Detailed Operating or Partnership Agreement This is the most important legal document for any co-owned business—and often the most overlooked when working with family or friends. A good agreement will clearly spell out:  Ownership percentages Capital contributions (Who is putting in what money or resources?) Roles and responsibilities Decision-making authority How profits (and losses) are divided What happens if someone wants out or passes away How disputes are resolved It may feel uncomfortable to talk through these scenarios at the start, but it’s far more difficult—and costly—to address them later without a written agreement in place. 4. Plan for the “What Ifs” Every business faces bumps in the road. You and your co-owner(s) may not always agree on the direction of the business, hiring decisions, or how to reinvest profits. That’s why it’s so important to build in mechanisms for resolving disagreements before they escalate. Also think about: Exit strategies— Can one partner buy out the other? On what terms? Divorce or inheritance— What happens to an ownership share if a partner gets divorced or passes away? Disability or loss of capacity— Will there be a buyout or a transfer of management duties? A little planning now can save your business—and your relationship—later. 5. Maintain Boundaries Between Personal and Business Finances Mixing business and personal finances is one of the fastest ways to create confusion—and legal trouble. Even when working with loved ones, treat the business like a separate entity: Set up a business bank account. Document loans or capital contributions in writing. Pay yourself and your partners through proper channels. Keep clean records for tax and liability purposes. This helps reinforce professionalism and provides a clear trail if financial questions arise. 6. Don’t Skip Legal and Financial Advice Too often, people assume that involving lawyers or accountants will “complicate” a friendly business venture. In reality, professional guidance ensures you’re setting the business up for success. It helps you prevent problems—rather than clean them up later. Protect the Business and the Relationship—Talk to Deppman Law PLC Going into business with family or friends can be incredibly rewarding, but it takes careful planning and honest conversations to keep both the business and the relationship strong. At Deppman Law PLC , we help Vermont entrepreneurs navigate the legal steps to set their partnerships up for success. Contact us today to schedule a confidential consultation and learn more.
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. 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. 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. 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. 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. 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.
October 15, 2024
Child support orders are designed to provide consistent financial support for children following the separation or divorce of their parents. However, as life circumstances change, the terms of these orders may no longer align with the current needs or capabilities of the involved parties. In Vermont, modifying child support orders is possible, but it requires adherence to certain legal standards and procedures. Understanding when and how you can seek a modification is essential for ensuring that the terms remain fair and appropriate. When Can You Modify a Child Support Order? In Vermont, you can request a modification to a child support order if there has been a significant change in circumstances. The courts recognize several reasons that might justify a modification, including: Change in Income — A substantial increase or decrease in the income of either parent can serve as grounds for modifying the child support order. For instance, if the paying parent experiences job loss, reduced work hours, or other significant financial setbacks, they may seek a reduction in the support amount. Conversely, if they receive a substantial salary increase or other windfalls, the receiving parent may request an adjustment to increase support. Change in Custodial Arrangements — Modifications may be necessary if the custodial arrangement has changed significantly. For example, if the non-custodial parent becomes the primary caregiver, the existing child support order may need to be adjusted to reflect this shift. Change in the Child’s Needs — As children grow, their needs evolve. Increased expenses related to education, healthcare, or extracurricular activities could justify a modification in the support order. New Dependents — If a parent has additional children from a new relationship or marriage, the court may consider this a factor when determining whether to modify an existing order. Health and Medical Needs — Significant changes in health conditions or medical expenses for the child or either parent can also be valid reasons for seeking a modification. How to Request a Modification Requesting a modification of a child support order involves a series of legal steps: File a Motion to Modify — To begin, the parent seeking the modification must file a motion with the Vermont family court that issued the original order. This motion should detail the changes in circumstances and include any relevant supporting documentation. Provide Supporting Evidence — It’s critical to substantiate the claim with evidence. This could include pay stubs, tax returns, medical bills, proof of job loss, or documentation of new expenses. The court will use this information to assess the validity of the modification request. Court Review and Hearing — Once the motion is filed, the court will review the request. In many cases, a hearing will be scheduled where both parties can present their evidence and arguments. It’s important to prepare thoroughly for this hearing to ensure that your case is persuasive and well-supported. Court Decision — After considering all the evidence and hearing the testimonies, the court will decide whether to approve or deny the modification. If approved, a new child support order will be issued that reflects the updated terms. I mportant Considerations Temporary Modifications — In some situations, the court may grant a temporary modification if the change in circumstances is expected to be short-term. This could apply to situations such as temporary layoffs or medical recovery periods. Legal Representation — While it’s possible to file for a modification without an attorney, seeking legal guidance can make the process smoother and increase the likelihood of a favorable outcome. A knowledgeable attorney can help gather the necessary documentation, prepare compelling arguments, and navigate any complexities that arise during the proceedings. Burden of Proof — The parent requesting the modification has the burden of proving that a substantial change in circumstances has occurred. Therefore, providing thorough and organized evidence is of the utmost importance. Why Work with Deppman Law PLC? Modifying a child support order can be challenging, especially when disputes arise or when there are complex financial issues involved. At Deppman Law PLC, we can offer invaluable assistance by: Evaluating your situation to determine if you meet the criteria for modification. Preparing and filing the necessary legal documents. Representing you in court to advocate for your interests. Child support modifications are an essential tool for adapting to life’s changes and ensuring that children’s needs continue to be met. If you’re considering a modification to a child support order in Vermont, understanding the legal process and being well-prepared can make a significant difference. For personalized assistance with modifying a child support order, contact Deppman Law, PLC today . Benj and Lesley are here to guide you through the process and help you achieve the best possible outcome for you and your family.
September 18, 2024
Buying your first home is an exciting milestone, but it can also be a complex process with many legal considerations. In Vermont, homebuyers need to be well-informed to understand the state's unique real estate market. Here are some important legal tips for first-time homebuyers in Vermont to help you make informed decisions and protect your investment. 1. Understand Your Budget and Financing Options Before you start your home search, it's essential to have a clear understanding of your budget. Speak with lenders to explore your mortgage options and secure pre-approval. Being pre-approved not only strengthens your offer but also helps you identify any potential financial or credit issues early. In Vermont, there are various local programs and first-time homebuyer incentives that may assist you, such as down payment assistance or favorable mortgage rates. Familiarize yourself with these programs to maximize your financial options. 2. Know the Legal Requirements for Home Inspections A thorough home inspection is an essential step in the homebuying process. Vermont law doesn’t mandate home inspections, but most buyers opt for one to identify any potential structural or mechanical issues. Ensure that your purchase agreement includes an inspection contingency, allowing you to negotiate repairs or withdraw your offer if significant problems are found. Choosing a reputable, licensed home inspector can make all the difference. Their report will help you understand the true condition of the property and what repairs, if any, are needed. 3. Review Property Disclosures Carefully Sellers in Vermont are required to provide property disclosures that outline known defects or issues with the home. It’s your right as a buyer to review these disclosures in detail. If the seller fails to disclose an issue that they were aware of, it could become grounds for legal action. Ensure that you thoroughly read and understand the property disclosure report. Consulting with a real estate attorney can help you interpret any potential red flags and advise you on next steps. 4. Be Aware of Local Zoning and Land Use Regulations Vermont has unique zoning laws and land use regulations that can affect what you can do with your property. Before purchasing, confirm that the property’s current and intended uses comply with local zoning ordinances. This is especially important if you plan to make significant changes, such as building an addition or running a business from your home. Consulting a real estate attorney can help you understand these regulations and avoid unexpected issues after your purchase. 5. Understand the Purchase Agreement The purchase agreement is one of the most important documents in a real estate transaction. It outlines the terms and conditions of the sale, including the purchase price, contingencies, closing date, and other critical details. First-time homebuyers should review this document carefully and seek legal advice to fully understand their obligations and rights. If any terms of the agreement are unclear or unfavorable, an attorney can help negotiate adjustments or suggest contingencies to better protect your interests. 6. Title Search and Title Insurance A title search is a critical part of the homebuying process. This search ensures that the property’s title is clear of any liens, disputes, or ownership issues. Without a clear title, your right to the property could be challenged after the sale. Purchasing title insurance is equally important. This insurance protects you from potential claims against the property that may arise after closing. Although not legally required, title insurance provides peace of mind and financial protection. 7. Budget for Closing Costs and Other Fees In addition to the down payment, first-time homebuyers need to budget for closing costs, which can include attorney fees, title insurance, recording fees, and property taxes. These costs typically range from 2% to 5% of the purchase price. Understanding what to expect and preparing for these expenses can prevent last-minute financial stress. An attorney can provide a detailed breakdown of the expected costs and ensure that you’re fully prepared for closing day. 8. Consult with a Real Estate Attorney While not mandatory, working with a real estate attorney can make the homebuying process much easier and more secure. An attorney can help review contracts, guide you through the closing process, and protect your interests in the event of any disputes. For first-time buyers, the legal complexities can be overwhelming. A knowledgeable attorney ensures that all documentation is in order, helps address any legal issues that arise, and provides peace of mind as you make one of the largest investments of your life. Contact the Real Estate Team at Deppman Law PLC Buying your first home in Vermont is an exciting journey filled with new experiences. By following these legal tips and staying informed, you can make the process smoother and more secure. For personalized guidance and support during your homebuying process, contact Deppman Law PLC today . Our experienced attorneys are here to help you navigate Vermont’s real estate market and make your dream of homeownership a reality.
August 26, 2024
The probate process can seem overwhelming, especially during times of grief. In Vermont, probate is a legal procedure that ensures a deceased person's estate is administered, debts are settled, and assets are distributed according to the will or, if there is no will, according to Vermont law. Whether you are creating an estate plan or serving as the executor of a loved one’s estate, understanding the probate process is essential. What is Probate? Probate is a court-supervised process for administering the estate of a deceased person. During probate, the court ensures the following: Validation of the Will — If the decedent left a will, it is presented to the probate court to confirm its validity. Appointment of an Executor or Administrator — If a will exists, the court will confirm the executor named in the will. If there is no will, the court will appoint an administrator to handle the estate. Identification and Valuation of Assets — The estate’s assets are identified, inventoried, and valued to establish their worth. Payment of Debts and Taxes — Before any assets are distributed to beneficiaries, all outstanding debts, taxes, and probate-related expenses must be paid. Distribution of Assets — Once debts and expenses are settled, the remaining assets are distributed to the beneficiaries according to the will or state law. Steps in Vermont's Probate Process The probate process in Vermont typically follows these steps: Filing the Will with the Probate Court After a person passes away, the will (if one exists) must be filed with the probate court in the district where the decedent lived. If no will exists, a petition must be filed to open the estate and appoint an administrator. Appointing an Executor or Administrator If the will designates an executor, the court will officially appoint that person to manage the estate. If there is no will, the court will appoint an administrator. The executor or administrator is responsible for handling all probate tasks, including paying debts and distributing assets. Inventorying the Estate The executor or administrator must compile a list of all the decedent's assets, including real estate, bank accounts, investments, personal belongings, and any other property. This inventory is then submitted to the court for review. Notifying Creditors and Settling Debts The executor must notify any known creditors of the estate and allow them time to submit claims. Vermont law requires creditors to file their claims within a specific period, typically four months from the date of notification. Any outstanding debts, including medical bills, credit card balances, and taxes, must be paid before assets are distributed to beneficiaries. Paying Estate Taxes (If Applicable) Vermont does not have an inheritance tax, but the estate may still be subject to the state’s estate tax if the estate's value exceeds $5 million. Additionally, federal estate taxes may apply if the estate's value exceeds the federal exemption limit. Distribution of Assets After debts, taxes, and other obligations are settled, the remaining assets are distributed to the beneficiaries according to the will or Vermont’s intestacy laws if no will exists. This step marks the conclusion of the probate process. Avoiding Probate While probate is often necessary, there are several estate planning strategies that can help minimize or even avoid the probate process in Vermont. These include: Living Trusts — Establishing a revocable living trust allows your assets to bypass probate and go directly to your named beneficiaries. Joint Ownership with Right of Survivorship — Assets owned jointly with another person automatically pass to the surviving owner upon death, without going through probate. Transfer-on-Death (TOD) and Payable-on-Death (POD) Accounts — Designating beneficiaries for bank and investment accounts allows those assets to transfer directly to them upon your death. By taking these proactive steps, you can help ensure that your estate avoids unnecessary delays and expenses associated with probate. How Long Does Probate Take in Vermont? The length of the probate process in Vermont can vary depending on the complexity of the estate and whether disputes arise among heirs or creditors. For a simple estate, probate can take as little as six months. However, more complicated estates or contested wills can prolong the process, sometimes lasting over a year. The probate process can be expedited by proper planning, including having a valid will in place, minimizing probate assets, and appointing a knowledgeable executor. How Deppman Law, PLC Can Help Probate can be an intricate legal process, but you don’t have to handle it alone. At Deppman Law, PLC, our experienced estate planning attorneys are here to guide you every step of the way. Whether you need assistance in planning your estate to avoid probate or managing an estate as an executor, our legal team will ensure that you understand the process and your rights. Contact us today for a consultation and to learn more.