Planning Ahead to Protect Your Home from Medicaid Estate Recovery
Why timing, ownership, and proactive planning matter more than most families realize.

Founder / Attorney

Michael L. RutkowskiFebruary 3, 2026
For many Michigan families, the family home represents more than just an asset — it’s stability, history, and a legacy. Yet it’s often the largest target when Medicaid estate recovery is involved.
The key to protecting your home isn’t waiting until a crisis hits.
It’s planned early, while options are still available.
One of the most important factors in Medicaid planning is when you act.
Once someone:
…the range of legal tools available narrows quickly.
Planning before care is needed allows for:
Families who plan early often have more control and fewer surprises than those forced to make decisions under pressure.
How your home is titled matters — a lot.
In many cases, a home is held in the wrong ownership structure:
With proactive planning, ownership can often be structured to:
For example, transferring a home into a properly structured trust can help protect it — if done correctly and at the right time. Poorly executed transfers, however, can create new problems rather than solve old ones.
One of the hardest moments for families is learning — after a loved one has passed — that the home they expected to inherit is tied up in:
These surprises are rarely intentional. They happen because:
Clear planning today helps ensure your heirs:
Protecting your home from Medicaid estate recovery isn’t about loopholes or last-minute fixes. It’s about understanding the rules early and structuring your plan accordingly.
When done right, planning can:
The best protection strategy starts long before long-term care is needed.
By addressing timing, ownership structure, and future expectations, families can avoid many of the issues that lead to estate recovery surprises.
Planning early doesn’t just protect assets — it protects peace of mind.
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.

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