The Difference Between a Will and a Trust (and Which One You Need)
January 14, 2026

When it comes to estate planning, one of the most common questions people ask is whether they need a will, a trust, or both. While these tools are often discussed together, they serve different purposes and offer distinct advantages depending on your goals, assets, and family situation. Understanding the difference is the first step toward building a plan that works for you.


What is a Will?


A will, or last will and testament, is a legal document that outlines how your assets will be distributed after your death. It also allows you to name an executor (the person responsible for carrying out your wishes) and, if you have minor children, to designate a guardian. A will only takes effect after you pass away, and it must go through the probate process, which is the court-supervised administration of your estate.


Probate in Vermont is generally straightforward, but it can still take time and involve additional costs. During this process, your assets are identified, debts are settled, and the remaining property is distributed according to your will. Because probate is a public process, the details of your estate may also become part of the public record.


What is a Trust?


A trust, on the other hand, is a legal arrangement that allows you to transfer assets to a trustee, who manages them for the benefit of your chosen beneficiaries. The most common type used in estate planning is a revocable living trust. Unlike a will, a trust can take effect during your lifetime and continue after your death.


One of the primary benefits of a trust is that it allows your assets to bypass probate. This can streamline and expedite the distribution process, as well as maintain a greater level of privacy. A trust can also provide more control over how and when your assets are distributed. For example, you can set conditions for distributions, such as reaching a certain age or milestone, which can be particularly useful when planning for younger beneficiaries.


Trusts also play an important role in planning for incapacity. If you become unable to manage your affairs, your designated trustee can step in and manage the assets held in the trust without the need for court intervention. A will does not offer this type of protection, as it only becomes effective upon death.


So, which one do you need? For many individuals, a will is a foundational document that ensures their wishes are clearly stated and legally enforceable. However, a trust may be beneficial if you want to avoid probate, maintain privacy, or exercise greater control over how your assets are managed and distributed. In many cases, a comprehensive estate plan includes both, a will to address any assets not placed in a trust and a trust to manage key assets more efficiently.


Ultimately, the right approach depends on your unique circumstances, including the size and complexity of your estate, your family dynamics, and your long-term goals. Estate planning is not one-size-fits-all, and what works for one person may not be the best solution for another.


Contact Deppman Law PLC


For more information about whether a will, a trust, or a combination of both is right for you, contact Deppman Law PLC. Our team can help you evaluate your options and create an estate plan that provides clarity and peace of mind for you and your loved ones.

How to Protect Your Business in Vendor and Service Agreements

March 16, 2026
Vendor and service agreements are a routine part of running a small business, but they are also one of the most common sources of legal disputes. Whether you are hiring a vendor, providing services to a client, or entering into a long-term business relationship, a well-drafted agreement is essential to protecting your interests. Taking the time to get these contracts right on the front end can prevent costly issues down the road. Scope of Work At its core, a vendor or service agreement should clearly define the scope of work. This includes what services or goods will be provided, the timeline for performance, and any specific deliverables. Vague or overly broad descriptions can lead to misunderstandings and disagreements about whether obligations have been fulfilled. The more specific the agreement, the easier it is to hold all parties accountable. Payment Terms Payment terms are another critical component. Your agreement should outline how much will be paid, when payments are due, and what happens if a payment is late or not made at all. For service providers, this may include requiring deposits or including interest or penalties for late payment. For businesses hiring vendors, it is equally important to ensure that payment is tied to satisfactory performance. Liability Limits Limiting liability is also key to protecting your business. Many agreements include provisions that cap the amount of damages one party can recover or exclude certain types of damages altogether. While these clauses must be carefully drafted to be enforceable, they can significantly reduce your financial exposure in the event of a dispute. Similarly, indemnification provisions can require one party to cover certain losses or claims, such as those arising from negligence or third-party actions. Disputes Another important consideration is how disputes will be handled. Your agreement should specify whether disputes will be resolved through litigation, mediation, or arbitration, as well as the location and governing law. For Vermont businesses, including a clause that applies Vermont law and designates a local venue can provide greater predictability and convenience if a dispute arises. Termination Termination provisions are often overlooked but can be just as important as the initial terms of the agreement. A strong contract will outline when and how either party can terminate the relationship, including for cause (such as a breach) or for convenience. It should also address what happens upon termination, such as final payments, return of property, or transition of work in progress. Confidentiality In addition, businesses should consider including provisions related to confidentiality and intellectual property. If sensitive business information is being shared, a confidentiality clause can help prevent misuse or disclosure. If the agreement involves the creation of content, designs, or other work product, it should clearly state who owns that work and how it can be used. Finally, it is important to ensure that all agreements are properly executed and reflect the actual understanding of the parties. Relying on informal arrangements or handshake deals can leave your business exposed if a disagreement arises. Even when using templates, contracts should be reviewed and tailored to fit the specific transaction and applicable law. Contact Deppman Law PLC For more information about drafting or reviewing vendor and service agreements, contact Deppman Law PLC. Our team can help you create contracts that protect your business and support your day-to-day operations with confidence.

What to Expect at a Vermont Real Estate Closing

February 11, 2026
Buying or selling real estate is one of the most significant financial transactions most people will make, and the closing is where everything comes together. While the process can feel intense, understanding what to expect at a Vermont real estate closing can help you feel more prepared and confident on the big day. In Vermont, real estate closings are typically handled by an attorney or title company, and the process is often more attorney-driven than in some other states. Whether you are buying or selling, your attorney plays a central role in ensuring that the transaction is legally sound and that your interests are protected throughout the process. Leading up to the closing, several important steps take place behind the scenes. One of the most critical is the title search. This involves reviewing public records to confirm that the seller has clear ownership of the property and that there are no outstanding liens or legal issues that could affect the transfer. If any issues are discovered, they must be resolved before closing can proceed. At the same time, the buyer will typically finalize financing, secure homeowners insurance, and review the closing disclosure, a document that outlines the final terms of the loan, as well as all costs associated with the transaction. It is important to review this document carefully in advance so there are no surprises at closing. On the day of closing, the parties will meet—either in person or, in some cases, remotely—to sign the necessary documents. Buyers can expect to sign a number of documents related to their mortgage, including the promissory note and mortgage deed. Sellers will sign documents transferring ownership of the property, most notably the deed. In Vermont, the deed is often a warranty deed, which provides assurances to the buyer that the seller has clear title to the property and the legal right to transfer it. Along with the deed, various affidavits and tax forms are also executed to complete the transaction. Funds are also exchanged at closing. Buyers will provide the balance of their down payment and closing costs, typically via wire transfer, while the lender provides the loan funds. The closing agent then distributes these funds to the appropriate parties, including paying off any existing mortgages, covering taxes and fees, and delivering the remaining proceeds to the seller. Once all documents are signed and funds are disbursed, the final step is recording the deed in the local land records. This officially transfers ownership of the property to the buyer. In many cases, the buyer will receive the keys to the property shortly after this step is complete. While most closings proceed smoothly, issues can arise. Delays in financing, title defects, or last-minute changes to terms can all impact the timeline. Having experienced legal guidance can help address these challenges quickly and keep the transaction on track. Ultimately, a Vermont real estate closing is a structured process designed to ensure that ownership is transferred properly and that both parties’ rights are protected. With the right preparation and support, it can be a straightforward and even rewarding experience. Contact Deppman Law PLC For more information about Vermont real estate transactions or to ensure your closing proceeds smoothly, contact Deppman Law PLC. Our team is available to guide you through each step of the process and protect your interests from contract to closing.