For families trying to protect real estate while planning for long-term care or Medicaid eligibility, the internet is full of quick-fix advice:rnrn“Just put the house in your kids’ names.”rn“Do a life estate, it avoids probate.”rn“Use a Lady Bird Deed, it’s the best of both worlds.”rnrnBut in New York, these strategies are not always available or advisable. And more importantly, what sounds simple online can create complications that are hard to undo.rnrnLet’s take a closer look at the real risks of using deeds and life estates for Medicaid planning and what better alternatives may exist.
Reena Gulati Blog
Why Clearing Title Isn’t Always as Simple as It LooksrnrnWhen a loved one passes away, most people think the hardest part is the emotional loss, and that legally transferring property is just a matter of paperwork.rnrnBut often, that “paperwork” reveals something much more complicated:rnA deed that was never updated.rnA co-owner who passed away years ago without probate.rnA missing heir no one has heard from in decades.rnrnWe call this the “ghost owner” problem, and it’s one of the most common issues we see when real estate is inherited or being prepared for sale.
Many families assume the home should always stay in the family. It represents memories, security, and legacy. But in my practice as a New York estate planning attorney, I often see how real estate can create more problems than it solves when it is not planned for properly.
If all you needed for estate planning was a document, you could grab a will from Staples or download a form online. But estate planning isn’t about paperwork—it’s about protecting your family, your assets, and your legacy.rnrnThe Difference Between Documents and a Real Plan
Blended families bring love and connection but also introduce unique challenges when it comes to estate planning. If you have children from a previous relationship and want to ensure they receive their rightful inheritance, strategic planning is essential. Without a well-crafted estate plan, assets may not be distributed as you intended, potentially leading to disputes and legal complications.
