Case Studies

The Cost of the Wrong Estate Plan

March 2026

We recently completed the administration of a large probate estate that took more than 3.5 years to settle, significantly delaying distributions to the beneficiaries. The estate incurred over $14 million in combined state and federal estate taxes due to the absence of proactive estate tax planning.

Because the decedent relied solely on a will rather than a fully funded trust-based plan, all assets were required to pass through probate. This contributed to extended delays, increased administrative burden, and substantial tax liability.

With proper planning—including the use of trusts and strategic estate tax planning tools—much of the estate tax could have been minimized or avoided entirely. In addition, a trust-based plan would have allowed beneficiaries to receive their inheritances within weeks or months, rather than years.

Practice area(s): Estate Planning

Nicole McPhee

Nicole McPhee

  Nicole Peck 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 Assocation an...

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