About Nicole Peck McPhee, Esq.

Nicole Peck McPhee

Vermont Attorney 

For thirty years, Vermont families and business owners have trusted Nicole Peck McPhee for practical, results-driven legal counsel delivered with genuine personal attention. Nicole lives in Rutland Town with her husband, kids, three rescue cats, and dog. Nicole received her B.S from the University of New England in 1990, her J.D. from Western New England School of Law in 1994, and was admitted to the Vermont Bar in 1996.  She is a member of the Vermont Bar Association and the Rutland County Bar Association. She is a past member of Rutland South Rotary and the Rutland Regional Medical Center Patient Advisory Board, and she spent many years on the Rutland Town School Board.

Based in Rutland and practices in all 14 Vermont Probate Courts, Nicole provides skilled, direct representation across estate planning, wills and trusts, residential and commercial real estate, business formation and governance, business acquisitions and sales, asset protection, guardianship, and private adoptions.

Every client works directly with Nicole, never a paralegal or associate, from the first conversation through the final signing. Legal advice is delivered in plain language, fees are discussed transparently at the outset, and most matters move efficiently without unnecessary delay.

Vermont families and business owners without proper legal planning face real, preventable risks:

•     Estates tied up in Vermont probate court — costing time, money, and privacy

•     Real estate closings delayed or derailed by title defects or improper documentation

•     Businesses left exposed without buy-sell agreements, governance documents, or succession plans

•     Families forced into costly guardianship proceedings that proper planning could have avoided

•     Inheritances that reach the wrong hands — or arrive at the wrong time

The good news: Nicole Peck McPhee has spent thirty years helping Vermont clients prevent every one of these outcomes.

Estate Planning, Wills & Trusts

Nicole prepares every document Vermont families need to protect themselves and those they love, grounded in Vermont law, including the Vermont Trust Code (14A V.S.A. §§ 101–1204), Title 14 V.S.A., the Vermont Power of Attorney Act, and Vermont estate tax law under 32 V.S.A. § 7442a.

•     Last wills and testaments

•     Revocable living trusts and irrevocable trusts

•     Pour-over wills and trust-based estate plans

•     Durable powers of attorney

•     Vermont advance directives and health care proxies

•     Special needs trusts

•     Vermont and federal estate tax planning

•     Business succession planning

•     Guardianship matters under 14 V.S.A. Ch. 111

•     Vermont probate administration in all 14 counties

Residential & Commercial Real Estate

 Nicole handles every step of the transaction — from purchase and sale agreement through title examination, title insurance coordination, and recording in the Vermont land records.

•     Residential purchase and sale transactions

•     Commercial real estate acquisitions and dispositions

•     Title examination and title insurance coordination

•     Commercial lease negotiation and review

•     1031 tax-deferred exchanges under IRC § 1031

•     Zoning, land use, and permitting guidance

•     Real estate closings throughout Vermont

Business Formation & Governance

Nicole evaluates each client's specific goals and recommends the entity structure that best protects their interests and minimizes Vermont and federal tax exposure.

•     Vermont LLC formation and operating agreements (11 V.S.A. § 4001 et seq.)

•     Corporation formation — C-corps and S-corps

•     Limited partnerships and limited liability partnerships

•     Corporate bylaws and governance documents

•     Buy-sell agreements and shareholder agreements

•     Annual compliance and maintenance

Business Acquisitions & Sales

Nicole handles the full transaction from initial term sheet through closing, protecting your interests at every stage — whether you are the buyer or the seller.

•     Asset purchase and stock purchase transactions

•     Letter of intent and purchase agreement drafting

•     Due diligence coordination

•     Non-compete and non-disclosure agreements

•     Transition and succession planning

Asset Protection & Business Succession

•     Irrevocable asset protection trusts

•     Vermont Medicaid asset protection trusts (60-month look-back planning)

•     Vermont LLC or corporation formation for real estate and business asset protection

•     Prenuptial and postnuptial agreement drafting and review

•     Written succession roadmaps for Vermont's closely held businesses

•     Buy-sell agreements — cross-purchase and entity purchase structures

•     Transfer of business interests to the next generation

•     Family Limited Partnership (FLP) formation

Guardianship

•     Adult guardianship petitions — guardian of the person and guardian of the estate (14 V.S.A. Ch. 111)

•     Minor guardianship proceedings (14 V.S.A. Ch. 110)

•     Emergency and temporary guardian appointments

•     Petitions to modify, terminate, or transfer guardianship

•     Durable powers of attorney and advance directives to avoid guardianship

Private Adoptions

Nicole guides prospective adoptive parents and birth parents through every stage of the Vermont private adoption process, including interstate adoptions under the Interstate Compact on the Placement of Children (ICPC).

•     Vermont private adoption — placement through finalization

•     Birth parent consent and relinquishment documentation, and petition to terminate parental rights

•     Interstate adoptions under the ICPC

•     Home study coordination and legal representation

•     Open and closed adoption agreements

A Vermont estate planning attorney prepares the legal documents your family needs to protect itself — last wills and testaments, revocable living trusts, irrevocable trusts, durable powers of attorney, and advance directives. Every document Nicole prepares is grounded in Vermont law: the Vermont Trust Code (14A V.S.A. §§ 101–1204), Title 14 V.S.A., the Vermont Power of Attorney Act, and Vermont estate tax law under 32 V.S.A. § 7442a.

A last will and testament controls your probate assets after death, but must pass through the Vermont probate court before your heirs receive anything. A revocable living trust holds your assets during your lifetime and transfers them to beneficiaries at death without probate — privately, efficiently, and without court involvement. For families with real estate, business interests, or estates approaching the $5,000,000 Vermont estate tax threshold, a trust-based plan typically offers significant advantages.

Yes. Vermont imposes a separate state estate tax under 32 V.S.A. § 7442a. In 2026, Vermont's exemption is $5,000,000 with a flat 16% tax on the taxable estate above that amount. Vermont's exemption is not portable between spouses, meaning married couples with combined estates above $5 million face significant Vermont estate tax exposure without coordinated planning.

Yes — both are essential. A durable power of attorney designates a trusted individual to manage your financial and legal affairs if you become incapacitated. A Vermont advance directive documents your medical wishes and designates a health care agent. Without these documents, your family may be forced to pursue a costly guardianship proceeding in Vermont probate court.

A 1031 tax-deferred exchange allows Vermont real estate investors to defer federal and, in many cases, Vermont capital gains taxes by reinvesting the proceeds from the sale of investment property into a like-kind replacement property. Nicole coordinates the legal documents for a compliant 1031 exchange under IRC § 1031 and works with qualified intermediaries throughout Vermont.

Vermont LLCs (11 V.S.A. § 4001 et seq.) offer flexible management and pass-through taxation — the most common choice for small businesses and real estate investors. Vermont corporations, C-corps, S-corps and Close Corps may be preferable for businesses seeking outside investment or planning a future sale. Nicole advises on the structure that best protects your interests.

A buy-sell agreement is a legally binding contract among business owners that governs what happens to an ownership interest when an owner dies, becomes disabled, retires, divorces, or wants to sell. Without one, a departing owner's interest can end up in the hands of an estate, a former spouse, or an unwanted third party.

Many attorneys handle estate planning, real estate, and business law. Nicole McPhee handles them the way Vermont clients actually need — with direct personal attention, plain-language advice, and plans built to hold up in the real world.

•     You work directly with Nicole — never a paralegal or associate

•     Fees are discussed transparently at the outset — no surprises

•     Practices before all 14 Vermont Probate Courts

•     In-person meetings in Rutland or secure Google Meet statewide

•     Thirty years of Vermont-specific legal experience

Nicole is not only a Rutland attorney — she is a Rutland neighbor. A former member of the Rutland Regional Medical Center Development Committee, a past member of the RRMC Patient and Family Advisory Council, a past member of Rutland South Rotary, and a past member of the Rutland Town School Board, Nicole lives in Rutland Town with her family, rescue dog, and three rescue cats. That community investment informs her commitment to every client she serves across Vermont.

— Dan John J. Welch, Jr., Attorney, Rutland, Vermont

— Thomas P. Aicher, Esq., Rutland, Vermont

— Todd H. Kalter, Esquire, Rutland, Vermont

Nicole practices in all 14 Vermont Probate Courts and handles estate planning, real estate closings, and business matters in every Vermont county. In-person meetings are available at her Rutland office. Secure Zoom meetings are available statewide.

•     Rutland County: Rutland, Brandon, Castleton, Poultney, Middletown Springs

•     Chittenden County: Burlington, South Burlington, Williston, Shelburne, Essex Junction, Winooski

•     Windsor County: White River Junction, Woodstock, Springfield, Windsor, Ludlow, Hartland

•     Bennington County: Bennington, Manchester, Arlington, Shaftsbury

•     Windham County: Brattleboro, Bellows Falls, Newfane, Wilmington

•     Addison County: Middlebury, Vergennes, Bristol

•     Washington County: Montpelier, Barre, Waterbury, Berlin

•     Orange County: Chelsea, Bradford, Randolph

•     Lamoille County: Morrisville, Stowe, Hyde Park

•     Orleans County: Newport, Derby, Barton

•     Caledonia County: St. Johnsbury, Lyndonville

•     Franklin County: St. Albans, Swanton

•     Grand Isle County:

•     Essex County: Guildhall, Island Pond

Schedule a Consultation with Attorney Nicole Peck McPhee

Whether for estate planning and wills or trusts, a real estate transaction, business formation or acquisition, or a private adoption matter, the first step is a focused one-on-one consultation. Nicole will learn about your situation, clearly explain your legal options, and outline exactly what is needed and at what cost. Consultations are available in person in Rutland or by secure Zoom for clients anywhere in Vermont.

Contact us at 802-775-4845 or by email at [email protected], or contact Nicole Peck McPhee, PC.