Real estate LAW. Probate LAW. Guardianship LAW. Elder LAW. Estate planning. Wills. Trusts. Health care proxies. Living wills. Powers of attorney. Adoptions. Corporate LAW & small business LAW.
Real estate LAW. Probate LAW. Guardianship LAW. Estate planning. Wills. Trusts. Health care proxies. Living wills. Powers of attorney. Adoption LAW. Corporate LAW & small business LAW.
There are two types of guardianships handled in the Vermont probate courts. The first is an adult guardianship for an incapacitated adult. The second is a minor guardianship.
“Having practiced law in Rutland, Vermont for several decades, I have had the opportunity to interact with numerous attorneys throughout Rutland County and the State of Vermont. The focus of my practice is Workers’ Compensation and Personal Injury. When my clients’ need for a probate attorney arises, I refer them to Nicole Peck McPhee. In my many years of working with Nicole, I have found her to not only be a very skilled and professional attorney, but have also witnessed firsthand her compassion toward and dedication to her clients. For this reason, I refer my clients to Nicole Peck McPhee for assistance with matters in her area of expertise.”
The loss of a loved one is a difficult time, often made more stressful when one has to handle the affairs of the deceased. This may be a great undertaking or rather minimal work, depending upon the level of estate planning done prior to death.
Wills
Will A Will also known as Last Will and Testament is a legal instrument that disposes of your assets after your death. Without a properly drafted Will, state laws (known as intestacy laws) will determine how your assets are distributed and to whom they are distributed. In addition, a Will names a guardian to care for your minor children and a caretaker for your pets.
Trusts
A family feud over an inheritance is not a game and there is no prize package at the end of the show. Rather, disputes over who gets your property after your death can drag on for years and deplete your entire estate. When most people are preparing their estate plans, they execute wills and living trusts that focus on minimizing taxes or avoiding probate. However, this process should also involve laying the groundwork for your estate to be settled amicably and according to your wishes. Communication with your loved ones is key to accomplishing this goal.
Power of Attorney
Do you remember the Terri Schiavo case that dominated the US news for months? Terry’s parents went to court against her husband arguing over whether Terri’s life support should be turned off. After all of the publicity, legal fees and court time the case boiled down to just one issue, what were Terry’s wishes? The entire case could have been avoided if Terri had written out her terminal care wishes before she got sick. How do you avoid putting your family through what Terri’s family went through? Two simple documents is all it takes, a Health Care Power of Attorney and a Living Will.
Probate
“I have been a litigation practitioner in Rutland for 28 years. My clients hire me as their trial attorney; however, their needs for counsel are often blended with needs for advice in other specialties. I therefore regularly involve other practitioners who are well-versed in the nuances of other areas of the law. Probate, trust and estate planning and other matters which require analysis of probate law and procedure fit squarely into an area that I will look to others for help. Nicole Peck McPhee has provided outstanding counsel to me and to my clients who have needed assistance and analysis in the specialty area of wills, estate planning, estate administration, trusts, guardianships and other matters within the jurisdiction of the probate court. I hold the highest regard for Nicole as an attorney and as a collaborator to work out legal issues for clients in need of her special knowledge and expertise.”
Tax must be paid upon the transfer of the taxable estate, unless some exception applies. Under Federal tax law, one spouse can give an unlimited amount of property to a U.S. citizen spouse during lifetime or after the grantor’s death*. In tax talk, this ability to give to a spouse without estate tax consequences is called the Unlimited Marital Deduction. Thus, estate tax can be completely avoided simply by giving the entire estate to a surviving U.S. citizen spouse. However, upon the death of the unmarried second spouse, the unlimited marital deduction is no longer available. Intervivos and Testamentary gifts to other loved ones are shielded from tax only by the unified credit.