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. RutkowskiSeptember 24, 2025
Revocable trusts are often viewed as a straightforward, one-time solution to estate planning. While these trusts offer significant advantages, some common misconceptions can leave families vulnerable or unaware of potential gaps.
Here’s what a revocable trust actually accomplishes, and where its limits lie.
This is a common misconception. Since you can change or revoke a revocable trust at any time, you legally still own the assets inside it. As a result, those assets are typically not protected from lawsuits or creditors.
If your primary goal is asset protection, consider alternatives like an irrevocable trust, which offers stronger legal safeguards.
A revocable trust doesn’t eliminate taxes. You’re still responsible for income taxes on any earnings the trust generates, and its assets may be subject to estate taxes.
However, a revocable trust does offer essential advantages:
So while it won’t erase tax obligations, it can make managing and transferring your assets much smoother for your loved ones.
This is a common pitfall, even for diligent planners: a trust only governs assets that are actually titled in its name. It doesn’t automatically cover everything you own.
That means you must transfer your bank accounts, real estate, and investments into the trust—otherwise, those assets aren’t protected from probate. You may also need a pour-over will to ensure anything left out is covered.
Without these steps, your estate may still go through probate, regardless of your intentions to avoid it.
A revocable trust gives you:
However, to reap those benefits, you must pair your trust with a comprehensive estate plan that addresses funding, asset protection, and tax planning.
A trust is a great start—but it’s not the whole story. If you’re unsure whether your current plan is working as intended, we’re here to help.
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