Nicole McPhee — Vermont Estate Planning Attorney

B.S., University of New England (1990) · J.D., Western New England School of Law (1994) · Vermont Bar Admission (1996) · 30 Years of Vermont Practice · Member, Vermont Bar Association and Rutland County Bar Association

📍 405 Curtis Brook Road, Rutland, VT 05701 · 📞 (802) 773-4935 · ✉ [email protected]

---

For 30 years, Vermont families have trusted Attorney Nicole McPhee to protect what they have worked a lifetime to build. Based at 405 Curtis Brook Road in Rutland, Vermont, and serving clients throughout all 14 Vermont counties, I help individuals, couples, and business owners create estate plans that work — plans that avoid costly probate, minimize Vermont estate tax exposure, and ensure your wishes are carried out exactly as you intend.

What does an estate planning attorney in Vermont actually do? My practice covers every document Vermont families need to protect themselves and the people they love: last wills and testaments, revocable living trusts, durable powers of attorney, advance directives, and business succession plans. Every document I prepare is grounded in Vermont law —Title 14 V.S.A. (Decedents' Estates and Fiduciary Relations, Vermont Power of Attorney Act, Vermont Digital Access Act, Durable Power of Attorney for Health Care), the Vermont Trust Code (14A V.S.A. §§ 101–1204), Vermont estate tax planning under 32 V.S.A. § 7442a, federal estate tax under the IRC.. My approach is different from that of a large firm: I work with you personally, in plain language, with transparent, flat fees and no surprises. Most estate plans are completed in just three focused meetings. For clients across Vermont who cannot travel to Rutland, our secure online client portal makes the entire process available from anywhere in the state.

---

Education and Credentials

I earned my Bachelor of Science from the University of New England in 1990 and my Juris Doctor from Western New England School of Law in 1994. I was admitted to the Vermont Bar in 1996 and have maintained an active Vermont estate planning practice every year since. I am a member of the Rutland County Bar Association and have appeared before Vermont probate courts in every county in the state.

---

30 Years Serving Vermont Families

I opened my Vermont estate planning practice in Rutland in 1996 with a single goal: to help Vermonters protect their families and their assets with clear, practical legal advice. Over the past three decades, I have guided hundreds of Vermont families through wills, trusts, probate administration, business succession transitions, and estate tax planning. My clients range from young families in Rutland creating their first wills to business owners in Chittenden and Windsor Counties structuring succession plans to protect decades of hard work.

What types of estate planning does Nicole McPhee handle? My practice covers: last wills and testaments; revocable living trusts; irrevocable trusts; durable powers of attorney; Vermont advance directives and health care proxies; Vermont probate administration; Vermont estate tax planning; federal estate tax planning, business succession planning; special needs trusts; and guardianship matters under 14 V.S.A. Ch. 111.

Call (802) 773-4935 or email [email protected] to schedule your Peace of Mind Planning Session.

---

Vermont Estate Tax: A Critical Issue for Many Vermont Families

Does Vermont have its own estate tax? Yes. Vermont imposes a separate state estate tax under 32 V.S.A. § 7442a — completely independent of the federal estate tax. In 2026, Vermont's threshold is $5,000,000, with a flat 16% tax on the taxable estate above that amount. Unlike the federal estate tax, Vermont's exemption is not portable between spouses, which means married couples with combined estates above $5 million face significant Vermont estate tax exposure without proper planning. A Credit Shelter Trust and coordinated gifting strategy can protect up to $10 million from Vermont estate tax for married couples. I help Vermont families model their exposure and implement the right strategies before it is too late to act.

---

Where I Practice: All 14 Vermont Counties

Do you serve clients outside of Rutland, Vermont? Yes — I practice before all 14 Vermont Probate Divisions, serving clients in every Vermont county. In-person meetings are available at my office in Rutland. For clients elsewhere in Vermont, all meetings can be conducted securely by Zoom through our online client portal.

I regularly serve clients in: 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)

---

Community Roots in Rutland, Vermont

I have served the Rutland community beyond the practice of law — as a member of the Rutland Regional Medical Center Development Committee, a past member of the RRMC Patient and Family Advisory Council, and as a longtime member of the Rutland Town School Board. I live in Rutland Town with my family, and my commitment to this community informs everything I do for my clients here.

---

What Vermont Colleagues Say

"Nicole, for many years, has virtually specialized in the advancement of many varied estate-related matters docketed within our probate court. Her work, in such regards, has always been of the highest caliber in terms of not only quality but, just as importantly, also substance, as well." — Dan John J. Welch, Jr., Attorney, Rutland, Vermont

"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, estates, and probate law. I hold the highest regard for Nicole as an attorney and as a collaborator." — Thomas P. Aicher, Esq., Rutland, Vermont

"Having practiced law in Rutland, Vermont for several decades, when my clients' need for a probate attorney arises, I refer them to Nicole Peck McPhee. 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." — Todd H. Kalter, Esquire, Rutland, Vermont

---

Ready to Create Your Vermont Estate Plan?

How do I get started with estate planning in Vermont? The first step is a Peace of Mind Planning Session — a focused, one-on-one conversation in which I learn about your family, your assets, and your goals, and explain exactly which documents you need and why. Sessions are available in person at my Rutland office or by Zoom for clients throughout Vermont. Flat fees are transparent and discussed at the outset.

Contact Will and Trust Planning Today

For personalized advice on estate planning, including strategies to minimize or avoid probate, contact Will and Trust Planning today. Our experienced estate planning attorneys can help you understand your options, draft essential documents, and create a plan that protects your assets and achieves your goals.

Three ways to reach me:

📞 Call (802) 773-4935 ✉ Email: [email protected] 📍 Office: 405 Curtis Brook Road, Rutland, VT 05701

Will and Trust Planning is the Vermont estate planning law practice of Attorney Nicole McPhee, admitted to the Vermont Bar in 1996. Serving clients throughout all 14 Vermont counties from our office in Rutland, Vermont.

---

---