Deciding How Your Property Will Be Distributed at Death

A will is a document where you set out all the assets you want to be transferred according to the will. Nothing happens until you die. There are special rules for wills that can be found on our Wills page. Wills must go through probate.

Our Trusts page describes different kinds of trusts, including a revocable living trust and a special needs trust. Each is useful in different circumstances. Assets in a trust do not “go through probate.”

Many assets can be distributed to others automatically when you die.

Any asset that has one of these special forms of ownership does not “go through probate.” Even if you have a will, any of the assets with one of these forms of ownership do not go through probate.

Note: If you own real estate or a bank account as “tenants in common,” the asset will not be distributed to others automatically when you die. Instead, it will have to go through probate after you die.

Sometimes people give away valuable assets before they die. This can cause problems if it affects your eligibility for long-term care Medicaid. Also, you might need the money or property to take care of yourself before you die. There may be other problems if you give away your assets.

Before giving away valuable assets, talk to an estate lawyer who knows the rules for long-term care Medicaid and the likelihood a Vermont court would reverse the gift.  

Contact us if you have questions. Fill out our form and we will call you back. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont. You can also call us at 1-800-889-2047.

You can also find a private lawyer by contacting the Vermont Bar Association’s Lawyer Referral Service at 1-800-639-7036.