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 today hold real estate through LLCs for asset protection and liability reasons. At the same time, more and more are using revocable and irrevocable trusts as part of their estate plan to avoid probate, protect privacy, and plan for smooth wealth transfers.rnrnBut what happens when those two tools intersect?rnrnCan a trustee automatically step into the shoes of a deceased LLC member? Will the operating agreement recognize that trustee as a valid decision-maker? And what if it doesn’t?rnrnThese questions often come up during moments of transition—after the death of a parent, during a refinance, or when it’s time to sell inherited real estate. At that point, if the documents weren’t set up to speak to each other, the result is confusion, delay, and sometimes conflict.
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.
