What If I Already Gave Away My Assets? Medicaid Mistakes You Can Still Recover From
Gifting your home or savings may seem generous—but if you need long-term care, that decision can cost you. Here’s what to do if it’s already done.

Founder / Attorney

Michael L. RutkowskiOctober 13, 2025
When considering how to safeguard your family’s inheritance, divorce might not be the first risk that comes to mind. However, it is actually one of the most frequent and emotionally complex reasons families see their wealth dissipate.
If your child or a loved one experiences a divorce, the assets you pass down could be subject to division, unless they have proper protection.
That’s where planning with trusts becomes essential.
Marital and non-marital property are treated differently under the law. Typically, inheritances are classified as separate property, but that status depends on keeping them apart from matrimonial assets.
If your child puts their inheritance into a joint account, purchases a home with their spouse, or otherwise mixes these funds with shared assets, the legal protections may vanish.
Placing the inheritance in a trust helps prevent this commingling, ensuring the assets remain legally distinct from marital property.
A well-structured trust offers more than asset protection; it also lets you decide how and when funds are used:
Setting up a trust isn’t about a lack of confidence in your loved ones; it’s about ensuring their inheritance is preserved, no matter what challenges arise in the future.
Many families, particularly those with businesses, real estate, or assets meant to last for generations, opt for trusts to prevent their legacy from becoming entangled in divorce settlements.
Regardless of whether you’re worried about a child’s marriage, a possible remarriage, or simply want to guard against the unpredictable, a trust stands out as one of the most caring ways to safeguard the results of your hard work.
If you’re thinking ahead about how to pass down wealth without passing along conflict, now is the perfect time to discuss your options.
Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.
Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

Gifting your home or savings may seem generous—but if you need long-term care, that decision can cost you. Here’s what to do if it’s already done.

Founder / Attorney
That generous gift may feel right in the moment. But without a plan, it could cost you—and your kids—much more than you think.

Founder / Attorney
Protect your home with proactive medicaid planning to avoid costly Medicaid Estate Recovery with smart legal strategies before long-term care is needed.

Founder / Attorney