Estate Planning and Probate

The misconception that estate planning is only for the wealthy has led to unnecessary time, cost, and stress for countless families upon the loss of a loved one. Comprehensive estate planning is essential to ensuring that you and your loved ones are protected in the event of death or disability. This is true even for individuals with modest income and assets. 


At Bergeron, Paradis & Fitzpatrick, LLP, our VT estate planning and probate team handles all aspects of the estate planning process, including:



Our highly-knowledgeable and compassionate attorneys will work collaboratively with you to identify your goals and needs and craft an estate plan that suits your family. Estate planning isn’t only about preserving and protecting wealth. We will also ensure that your needs and wishes are met if you become incapacitated, and help you address the needs of aging parents or vulnerable relatives.Through the use of tools such as Durable Powers of Attorney and establishing guardianship, we can ensure that you and your loved ones can live with dignity, now and in the future. 


When is the Right Time to Start an Estate Plan?


Regardless of your age, income, or assets, you can begin planning today. Whether you are in retirement or just starting a family, you can protect and preserve your assets, identify tax breaks for college or retirement, set savings goals, plan for guardianship of minor children, and ensure that your wishes are carried out if you become incapacitated and unable to make decisions on your own. You can also ensure that your loved ones don’t lose a significant portion of your estate to estate taxes. 


Wills and Trusts


A will is essentially a set of instructions designating how your assets will be distributed, and who will care for any minor children, upon your passing. Your will also names an executor to handle your estate, which includes paying final bills and distributing assets per your wishes. The distribution of assets is often subject to the lengthy and expensive probate process, but you may be able to avoid this process with proper estate planning and a well-drafted will. A VT estate planning lawyer can help. 


A trust is a document establishing how property should be managed during your life, in the event of incapacity, and / or upon your passing. Trusts allow assets to be transferred privately, without the need for probate. When you create a trust, you (the grantor) transfer ownership of your property to the trustee. This can occur immediately, or upon your passing. Trusts, which can be revocable or irrevocable, are frequently used to: 


  • Avoid probate;
  • Avoid or reduce certain taxes;
  • Provide for minor children or individuals with disabilities; and
  • Protect your assets from divorce, bankruptcy, or creditor’s claims. 


Executors and Administrators


If you recently lost a loved one and have been named as Executor or Administrator, our VT estate planning attorneys can help you navigate the process and understand your rights and responsibilities in administering your loved one’s estate. This includes ensuring that all required paperwork is completed completely and accurately, assisting with tax preparation and the sale of the home, and serving as executors or administrators when a neutral third party is required. 


Guardianship


When an individual is unable to independently manage their physical or financial needs, such as in the case of a minor or a loved one with a disability, it may be necessary to appoint a guardian. Guardianship is a process whereby the court appoints an individual to oversee the financial and / or physical needs of someone who is unable to do so on their own. Our attorneys can help you understand what to expect, and how to prepare for, a guardianship proceeding.


Contact a Vermont Estate Planning and Probate Lawyer Today


If you want to establish an estate plan or update an existing plan, the dedicated legal team at Bergeron, Paradis & Fitzpatrick, LLP can help. We will review your situation and work closely with you to establish a plan that seamlessly aligns with your unique goals and objectives. To keep your costs predictable, we bill most estate planning services on a flat fee basis. Contact our estate planning attorneys, Corey Wood and Edward D. Fitzpatrick today for a confidential consultation and to learn more.


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