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. RutkowskiFebruary 10, 2026
Why Giving to Your Kids Too Soon Can Backfire
Many of the parents we work with tell us the same thing: “I just want to help my kids now, while I can see them enjoy it.”
It’s a beautiful impulse, rooted in love and a desire to leave a legacy. But when gifts are made too early—or without the right plan—they can sometimes do more harm than good.
And this isn’t just about money. It’s about control, safety, and the health of family relationships.
We’ve seen parents transfer their home to a child, believing it was a protective move—only to watch that house get pulled into a divorce or lawsuit. We’ve seen large gifts spark tension between siblings when one child receives something and the others don’t.
In some cases, the parent later needs those funds for care or support—but they’re no longer legally available. The assets are gone, and so is the control.
Once something is gifted, you can’t assume it’s still yours.
Even with the best intentions, uneven gifting can create emotional fallout. One child receives a house or a large sum. Another finds out later and feels blindsided or slighted.
It’s not just about the dollar amount—it’s about how it was handled. Surprises in estate planning or lifetime gifting often lead to resentment, confusion, or even legal disputes between siblings.
We’ve seen families torn apart not because of what was given, but because of how it was given—and to whom.
This doesn’t mean you can’t support your kids. It means the best way to do it is with a plan.
You don’t have to choose between helping your kids and protecting yourself. You can do both. You just need the right structure behind it.
At Rutkowski Law Firm, we’ve guided hundreds of families through these decisions. We understand how emotional they can be. And we know how to put plans in place that protect relationships—not just bank accounts.
Whether you’re thinking about giving now or want to make sure your legacy is secure later, we can help you make the best decision for your situation—and your family.
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