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 safeguarding family wealth, it’s usually the minor errors, not major oversights, that cause the most significant harm. These slip-ups often stem from love, good intentions, and wanting to do what feels right at the time.
Sadly, these well-meaning decisions can put years of careful planning at risk.
A typical scenario: someone inherits a house or an investment account and, out of caution, adds their spouse’s name to the title. Or perhaps they transfer inherited money into a joint bank account without a second thought.
By doing this, they unknowingly convert separate property into marital property, making it vulnerable to division in a divorce. Such a simple step can undo the protection that estate and asset planning were meant to provide.
Inheritance protections remain effective only if the proper structure is consistently upheld. Even with a trust, those safeguards can disappear if assets are removed from the trust, transferred improperly, or not kept up-to-date as circumstances change.
This isn’t about hiding things or being wary of your spouse; it’s about honoring the purpose of your estate plan and ensuring lasting security for your family for generations to come.
Think of your estate plan as an evolving strategy. It requires ongoing attention, just like your financial or health plans. As your family changes and grows, it becomes increasingly important to keep everything up to date and in sync.
Let’s Make Sure Your Protections Still Work
If you’re uncertain whether your assets have the proper protection, or if recent events may have put your family’s legacy at risk, it’s a good idea to schedule a review now.
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.

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