Will My Vermont Estate Be Subject to Probate?
November 21, 2022

When someone dies in Vermont, their estate will typically be subject to a process known as probate. During this court proceeding, assets are divided and distributed according to state law and the deceased’s wishes. Probate can be extremely long and costly for loved ones. 


How to Avoid Probate in Vermont


Fortunately, there are certain ways to protect some or all of your assets from the probate process. Even if your estate is subject to probate, you may be able to exclude some assets. Any assets with a beneficiary, such as a life insurance policy, will automatically avoid probate.


Create a living trust. 


By establishing a trust and naming a successor trustee (the person who will take over as trustee when you die), you can protect just about any asset, including real estate and bank accounts. Upon your passing, the successor trustee can distribute assets to beneficiaries without the need for probate. 


Establish joint ownership. 


Any property that you own with another person — which includes “right of survivorship” — will transfer directly to the surviving owner upon your passing. In Vermont, joint ownership is recognized in two forms — joint tenancy and tenancy by the entirety. 


By adding a POD designation, you retain full control of your money during your lifetime, but it transfers directly to your POD beneficiary when you die. No need for probate proceedings. 


Register securities, including stocks and bonds, in transfer-on-death (TOD) form. 


Similar to the POD designation, with TOD you retain full control of your investments during your lifetime, and they will transfer directly to your TOD beneficiary upon your death. Again, no need for probate. You can also add transfer-on-death designations to real estate and vehicles. 


Determine if you qualify for Vermont’s simplified probate procedures. 


Depending on the size of your estate, the executor may request simplified probate. If the court approves the request, the executor may be able to distribute assets without having to endure the regular probate process. To qualify for simplified probate, the deceased person must be survived by a spouse, children, or a parent and must have personal property totaling $10,000 or less. 


Contact a Middlebury Probate Attorney Today


Even if you have a small estate, you want it to pass to your heirs fully, quickly, and seamlessly. With a few simple steps, you can reduce your exposure to probate and possibly avoid it altogether. The skilled Vermont probate attorneys at Deppman Law, PC can help you protect retirement accounts, real estate, bank accounts, securities, and even vehicles from the probate process. Contact Benj and Lesely today for a confidential consultation and to learn more.

Protecting Your Small Business from Legal Disputes Before They Start

December 16, 2025
Running a small business involves balancing opportunity and risk. While disputes can’t always be avoided, many legal problems can be prevented with proactive planning and clear communication. Here are several ways small business owners can reduce legal risk before issues arise. Choose the Right Business Structure The legal structure of your business affects liability, taxes, and operations. Forming the right entity can help protect personal assets and clarify ownership responsibilities from the outset. Use Clear, Written Agreements Handshake deals and informal arrangements often lead to misunderstandings. Well-drafted contracts with customers, vendors, and partners help set expectations and reduce disputes over payment, performance, deliverables, or scope of work. Review Commercial Leases Carefully Commercial leases often contain long-term obligations and hidden costs. Understanding lease terms before signing can prevent costly surprises and future conflicts with landlords. Address Employment Issues Early Clear policies, proper classification of workers, and consistent practices can help prevent disputes with employees or contractors. Early legal guidance can help ensure compliance and reduce exposure. Plan for Disagreements Even healthy businesses encounter conflict. Including dispute resolution provisions in contracts and addressing issues promptly can help resolve problems before they escalate into litigation. Proactive legal planning isn’t about expecting failure—it’s about building a strong foundation that allows your business to operate with confidence and flexibility. Call Deppman Law PLC If you own or are starting a small business and want to reduce legal risk before problems arise, Deppman Law PLC can help. We work with Vermont business owners to put practical safeguards in place and address issues early. Contact Deppman Law PLC to schedule a consultation and protect your business’s future.

When Should You Talk to a Lawyer? Common Situations Where Early Advice Matters

November 17, 2025
People frequently wait to contact a lawyer until a problem feels urgent or unavoidable. By that point, costs may be higher and stress levels are often elevated. In many situations, speaking with a lawyer early can help prevent small issues from becoming much larger ones. Here are some common scenarios where early legal advice can make a meaningful difference. Before Signing a Contract Whether it’s a lease, business agreement, vendor contract, or settlement document, contracts carry long-term consequences. A quick review before signing can help identify unclear terms, unexpected obligations, or risks you may not have noticed. During Major Life Changes Events like marriage, divorce, having children, or buying property often trigger legal considerations. Early guidance can help ensure important steps—such as updating estate plans or addressing property rights—aren’t overlooked. When Starting or Growing a Business Choosing the right business structure, drafting agreements, and understanding liability risks are much easier at the beginning than after problems arise. Early legal planning can protect both personal and business assets. If a Dispute Is Developing If tensions are rising with a tenant, business partner, neighbor, or family member, early advice can help you understand your rights and avoid actions that could escalate the situation or weaken your position. After an Injury or Property Incident Whether you were injured or someone was hurt on your property, early legal input can help preserve important information and guide next steps before statements are made or deadlines are missed. Talking to a lawyer doesn’t mean you’re headed for court. In many cases, it’s about understanding your options, clarifying risks, and making informed decisions before a situation becomes more complicated. Call Deppman Law PLC If you’re facing a legal question or simply wondering whether you should speak with an attorney, Deppman Law PLC is here to help. We offer practical guidance designed to address issues early and thoughtfully. Contact Deppman Law PLC to schedule a consultation and get clear answers before problems grow.