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. RutkowskiMay 27, 2025
When you own a family business, whether a local landscaping company, a multi-state service firm, or the bakery your grandparents started, your business isn’t just a source of income. It results from long hours, tough seasons, and big decisions. It’s personal.
And if you’ve worked this hard to build it, you deserve to know it will stay protected, even when you’re not around to manage it.
But, without explicit legal protections, a family business is incredibly vulnerable to everything we hope never happens, such as lawsuits, probate delays, family disputes, and the chaos that can follow when ownership or leadership is unclear.
The good news? You can prevent most of those problems with a well-crafted trust.
If you’ve heard about trusts in the context of estate planning, you might think they’re only for passing down family wealth. But they’re just as critical for protecting and preserving a business. Here's what a trust can do:
Some trusts—especially those created for asset protection and estate planning- can help shield business assets from lawsuits, divorces, or other unexpected liabilities. That means your equipment, inventory, and income aren’t easily exposed if someone tries to come after you.
If your business interests are passed through a will or no plan, they’ll likely end up in probate. That means court delays, attorney fees, and decisions being made by a judge. A trust allows your business to pass seamlessly to your chosen successor without court involvement.
When you name who’s in charge, how decisions will be made, and what happens to ownership shares, you remove ambiguity, and that’s where most family conflict begins. A trust creates a roadmap everyone can follow, which is especially important in close-knit or multi-generational businesses.
A trust lets you choose how and when your business passes on. Whether you’re planning to retire or preparing for the unexpected, you can name a successor, set conditions, and prepare your team for what’s next without leaving it all to chance.
Most family businesses don’t fail because of bad products or poor service. They fail because there’s no plan when something changes, someone gets sick, retires, or passes away.
You don’t need to know all the answers. You just need to start the conversation.
Our team regularly helps small and medium-sized business owners, many of whom are family-run, create custom trusts that keep their businesses protected and future-ready. Whether you’re based in Michigan or run a company with clients across the country, we can help you avoid legal headaches and build with confidence.
You’ve invested in your people, your product, and your reputation. Now it’s time to invest in protection, before you need it.
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