Wills, Trusts & Estate Planning | Smith & Smith PLLC, Montpelier VT

Most Vermont adults should have at least a few core documents in place. We help you decide which ones you need, then draft them so they say exactly what you intend.

What we draft

Wills. A clear statement of who receives what, who is in charge, and who looks after any minor children.
Trusts. Used to manage how and when assets pass, and in many cases to keep them out of probate.
Advance directives for health care. Your instructions for medical care, and the person you choose to speak for you if you cannot.
Powers of attorney for property. Authority for someone you trust to handle financial matters on your behalf.

Planning around probate

Probate is the court-supervised process of settling an estate. It is not something to fear, but many people would rather keep some or all of their assets out of it. If avoiding probate is one of your goals, we can talk through the tools that do that and whether they fit your situation.

Blended families

Second marriages and stepchildren make these decisions more delicate, because the law’s default answers often are not the ones a family would choose. Smith & Smith has experience working with blended families to see that assets pass the way you actually intend, rather than the way a statute assumes.

How the first meeting goes

We start by listening. You tell us about your family, what you own, and what you want to happen. We explain the options in plain terms, recommend a plan, and then draft the documents. There is no rush, and no script you have to follow.

Estate planning, in plain Vermont terms.

Do I really need a will?

If you die without one, Vermont law decides who inherits and a court appoints who administers your estate. A will lets you make those choices yourself, name a guardian for minor children, and make settling things easier for your family.

What is the difference between a will and a trust?

A will takes effect after death and generally passes through probate. A trust can hold and manage assets during life and after, and is often used to keep certain assets out of probate. Many plans use both. We help you decide what fits.

What are advance directives and powers of attorney?

An advance directive records your wishes for health care and names someone to speak for you if you cannot. A power of attorney for property lets a trusted person handle financial matters on your behalf. Both matter while you are living, not only after.

Can I avoid probate entirely?

Sometimes, and sometimes it is not worth the trouble. It depends on what you own and how it is titled. If avoiding probate is a goal, we will tell you honestly what it would take in your case.