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10 Reasons to Consult with a Vermont Estate Planning Attorney

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For many people, estate planning remains a rather mysterious topic which also means that the average person is unaware of the numerous and varied ways that an estate planning attorney might be able to help them. Failing to recognize when you can benefit from the assistance of an estate planning attorney could be a costly mistake. To help you avoid such a mistake, the Vermont estate planning attorneys at Unsworth LaPlante, PLLC explain 10 reasons to consult with a Vermont estate planning attorney.

  1. Establishing Your First Estate Plan. The most common reason to consult an estate planning attorney is to create your initial estate plan. This plan typically includes a Last Will and Testament, Powers of Attorney, and possibly a Living Trust. Your attorney will help identify your goals, structure your plan to reflect those goals, and ensure that each document meets Vermont legal requirements. Once your plan is complete, it is important to maintain an ongoing relationship with your attorney to review and update your plan as your life circumstances change.
  2. Helping a Trustee Administer a Trust.  If you have been appointed as a Trustee, the responsibility of managing trust assets and following the trust’s terms can feel daunting. Trustees must act with honesty and diligence while meeting legal and fiduciary obligations. An estate planning attorney can guide you through every step of trust administration, including asset management, tax filings, and distributions to beneficiaries, ensuring compliance with Vermont law and reducing the risk of personal liability.
  3. Probating or Administering an Estate. When someone dies, their estate must usually go through probate, the court-supervised process of distributing assets and paying debts. The person named as Executor or Personal Representative in the decedent’s Will is responsible for overseeing the process. If there is no Will, the court appoints someone to act as Administrator. A Vermont estate planning attorney can simplify probate by preparing required documents, handling court filings, and ensuring that the estate is settled efficiently and accurately.
  4. Planning for the Possibility of Incapacity. Incapacity can occur suddenly through an accident, illness, or cognitive decline. Without proper planning, your loved ones may have to petition a Vermont court for authority to manage your affairs. An estate planning attorney can help you prepare for this possibility by including incapacity planning tools such as a Durable Power of Attorney, Health Care Power of Attorney, and Living Will. These documents ensure that your chosen representatives can manage your finances and make medical decisions based on your preferences.
  5. Addressing Elder Abuse or Neglect.  Recognizing and addressing elder abuse is an unfortunate but necessary part of caring for aging relatives. If you suspect that a loved one in a nursing facility or receiving in-home care is being neglected or mistreated, an estate planning attorney can help you take swift and effective action. Your attorney can assist in reporting the abuse, pursuing compensation, and ensuring that your loved one’s legal rights are protected.
  6. Long-Term Care and Medicaid Planning. As medical advances extend lifespans, the likelihood of needing long-term care increases. Unfortunately, the cost of nursing home or in-home care in Vermont can be overwhelming. Since Medicare does not cover long-term care expenses, qualifying for Medicaid often becomes essential. A Vermont estate planning attorney can use legal strategies such as Medicaid trusts, asset transfers, and spend-down planning to help you qualify for assistance without losing everything you worked for.
  7. Contesting a Will. Disputes sometimes arise after a loved one’s death when questions emerge about the validity of a Will. You may believe that undue influence, fraud, or lack of capacity affected the decedent’s decisions. An estate planning attorney can evaluate your concerns, determine whether legal grounds exist for contesting the Will, and guide you through the complex litigation process if a contest is warranted.
  8. Seeking Guardianship or Conservatorship for a Loved One.  When an elderly parent or incapacitated adult can no longer manage daily affairs safely, it may become necessary to petition a Vermont court for guardianship or conservatorship. This legal process grants authority to make financial or personal decisions on behalf of the incapacitated individual. A skilled attorney can help you prepare the petition, represent you in court, and navigate the responsibilities that follow once guardianship is established.
  9. Planning for a Child with Special Needs. Parents of children with special needs face unique challenges when planning for the future. Leaving an outright inheritance to a child who receives government benefits such as SSI or Medicaid could cause disqualification from these programs. A Vermont estate planning attorney can help you create a Special Needs Trust to preserve eligibility for benefits while providing supplemental financial support to enhance your child’s quality of life.
  10. Legacy and Charitable Planning.  Beyond passing on material wealth, many individuals wish to leave behind a meaningful legacy. Legacy planning allows you to incorporate your values, beliefs, and charitable goals into your estate plan. An attorney can help you establish charitable trusts, foundations, or scholarship funds that align with your vision. Through legacy planning, you can ensure that your generosity and personal principles continue to influence future generations.

Do You Need Assistance from a Vermont Estate Planning Attorney?

For more information, please attend one of our upcoming FREE webinars. If you might benefit from the assistance of a Vermont estate planning attorney, contact the experienced Essex Junction estate planning attorneys at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.

Ellen LaPlante
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