The past several weeks have brought us the tragic story of a young woman, pregnant with her second child, and also “brain dead”. The story unfolded several months ago in Texas when Marlise Munoz suddenly passed out for a considerable amount of time before being found. The damage was catastrophic and not surprisingly, her family wanted more than anything to ensure she wasn’t in pain. There were concerns about whether the fetus she carried could become a full term newborn. As it turned out, the … [Read more...]
Congratulations to Super Lawyer Stephen A. Unsworth
We are proud to share the news with our clients that our very own Stephen A. Unsworth has been chosen for the 2013 Super Lawyers award. This award places him in the top 5 percent of attorneys throughout New England. Stephen consistently raises the bar for estate planning lawyers around the country and more importantly, delivers to his clients the best representation found in the industry. Of course, those of us who work with Stephen on a daily basis know first-hand the determination that drives … [Read more...]
Understanding Capital Gains Taxes in Essex Junction Vermont
Here it comes – that dreaded word: taxes. Coupled with “capital gains” and most people cringe when they hear it. Those who haven’t had to wrestle claim capital gains taxes yet eventually realize why just the thought of it is so overwhelming. In short, it boils down to the IRS and its cut on monies we've earned when we sell those big ticket items like stocks and real estate. She Said Yes…Then No Taking a step further, a capital gain is what happens when you sell an asset for more than what you … [Read more...]
Estate Planning and Asset Protection Planning
All of us have the need to protect our assets; after all, we’ve worked hard for what we have and we want to be sure there’s something left after we’re gone. Asset protection planning is simply the effort of protecting what you’ve worked for from potential creditors. Don’t mistake the intent: it’s not about hiding assets to avoid paying taxes, nor is it fraudulent or illegal. Instead, it’s about covering your financial bases.These days, it’s increasingly difficult to maintain those assets … [Read more...]
A Special Needs Trust for Your Child
As parents, we know how our heart skips a beat anytime we think of those little ones going through life without us. For those with a child who has special needs, those thoughts can be even more frightening. While we can't control what hands we are dealt, we can do our best to pave the path for an easier future. A special needs trust is often the solution and a way to offset those fears.In short, a special needs trust is a way of providing financially for our children who have special needs – … [Read more...]
Understanding a Living Will in Vermont
A living will in Vermont is a legal document that provides the details on the type of care and treatment you wish (or don't wish) be performed to keep you alive. It's used most often in illnesses or injuries deemed “unrecoverable”. Many opt for these documents for a few reasons – many don't wish extraordinary measures be taken to keep their body alive even though there are medical methods to do so. Just because technology allows us to remain alive indefinitely doesn't mean we have to maintain … [Read more...]
Durable Power of Attorney in Vermont
Understanding durable power of attorney dynamics can be a bit overwhelming. In Vermont, estate planning attorneys are bound by explicit laws designed to protect residents.Here are a few questions our office receives concerning the power of attorney laws in Vermont.My spouse and I own everything jointly. Is a durable power of attorney necessary?The short answer is yes. Should you become incapacitated, your spouse will be able to withdraw funds and sign checks from your bank accounts; … [Read more...]
Do You Really Need an Attorney?
Today’s unstable economy has led the way to more DIY estate plans than ever before. If you’re unsure whether or not you need an estate planning attorney, you may be researching how to create an estate plan yourself. DIY estate plans online and computer software cost less than a quarter of the price of an attorney, but they could cost you ten times more than that when you need your estate plan to take action.DIY estate plans are known for being abundant in errors. These plans rarely cover the … [Read more...]
Your Estate Planning Do List
There are things you should do and not do with estate planning. While you may be aware that you do need an estate plan, there is a lot more to it than that. Consider this list of top “do’s” so you can ensure your estate plan is thorough and complete.Work with an Estate Planning AttorneyWhile you know you need an estate plan, what you may not realize is how equally important it is to have a qualified estate planning attorney. DIY plans rarely cover the state regulations regarding estate … [Read more...]
Estate Planning after the Death of Your Spouse
When a spouse passes away it is an emotional and trying time. You will have a lot of people and tasks on your to-do list that may make your days rather stressful. With the assistance of a good estate planning attorney, you may be able to lighten the load. But, before you get started, acquaint yourself with some of the tasks and people you will deal with during this time.Your Spouse’s Estate PlanMost likely your spouse has created an estate plan. If he or she has one, you will have to … [Read more...]
