Medicaid Asset and Income Limits for 2026

For 2026, Medicaid has imposed an asset limit of $33,038 for an individual applicant or $44,796 if both spouses are applying for long term care services. For community-based services, Medicaid鈥檚 income limit is $1,836 per individual applicant and $2,489 per couple. With proper planning, income beyond the limits can be maintained to continue to support the expenses of the household.

Medicaid Transfer Rules and the Five-Year Lookback

While there are no transfer penalties imposed for home care applicants that have given assets away prior to application, nursing home applicants do have to undergo a five-year lookback review. While most transfers/gifts will result in a penalty period during which Medicaid will not pay for the facility, certain asset transfers will be exempt. Whether both spouses are applying for coverage or just one, the finances of both must be disclosed.

Does Medicaid Require Recertification?

Once someone has been accepted into the Medicaid long term care program for Community Medicaid (in-home care) or Chronic Medicaid (nursing-home care), they will be required to recertify annually. The recertification process ensures that the applicant remains eligible for coverage. The annual review requires updated asset and income verification for the Medicaid applicant, not the spouse.

Sometimes Medicaid recipients experience an increase in their assets as a result of standard accrual of interest on assets, receiving inheritance, or accepting proceeds from a lawsuit. An attorney can advise what estate planning can be done to prevent ineligibility or a lapse in benefits. Recertification can also prompt determining whether a recipient is receiving the appropriate level of care.

Why Navigating Medicaid Requires Careful Planning

As of the beginning of January 2026, there are 3,812,810 Medicaid recipients within the five boroughs and 662,136 Medicaid recipients in Nassau and Suffolk counties. Medicaid applications and recertifications are processed by each county鈥檚 Department of Social Services or Human Resources Administration for those receiving care in the five boroughs of New York City.

Due to the volume of applications and recertifications, and the millions of dollars expended by the state to provide Medicaid, the system can be unforgiving. Working with an elder law-focused estate planning attorney can help individuals achieve and/or maintain eligibility, while also protecting hard-earned assets, so they can eventually be passed onto the next generation.

Recertification also provides the opportunity to review your assets and estate plan. A key estate planning goal for a Medicaid recipient and their spouse is to avoid probate because whatever assets are includable in a deceased Medicaid recipient鈥檚 probate estate will be subject to a claw back from Medicaid for services provided during life. Proper planning includes protection of assets for eligibility purposes as well as after death to prevent recovery of the value of the services rendered during life.

By Erin Cullen, Esq. and Britt Burner, Esq.

Erin Cullen, Esq. is an associate attorney at 明星黑料, P.C. focusing her practice areas on Trusts and Estates. Britt Burner, Esq. is the Managing Partner at 明星黑料, P.C. focusing her practice areas on Estate Planning and Elder Law.聽 明星黑料, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

What Information Is Included in a Citation?

The citation will include a date to appear in court, as well as the address of the courthouse where the proceeding is held. It will also include the name and address of the deceased person and the person who requested the citation 鈥� typically, the proceeding鈥檚 Petitioner, and their attorney, should they have one. The citation should also set forth the reason why you are being asked to appear: most often, this is to give you an opportunity to consent or object to a Will being recognized as valid, or to a person being appointed as a fiduciary. If the citation is for probate 鈥� that is, where a Will is involved 鈥� you should also receive a copy of that Will for your review.

What to Do If You Receive a Surrogate鈥檚 Court Citation

You鈥檒l want to familiarize yourself with the 鈥渨hy鈥� section of the citation to determine your next steps. If you do not appear at the date set forth in the notice, the Court will assume that you consent to what the Petitioner is asking for. You do not need to appear at the Court date if you have no objection to the proceeding. However, if you have questions regarding the request or possible objections, you must appear at the citation date and make your position known to the Court. You may also request an adjournment 鈥� a brief stay in the proceeding 鈥� to provide for additional time for you to obtain information and consult with an attorney.

Do You Have to Appear In Person?

Some Surrogate鈥檚 Courts now use 鈥渧irtual chambers鈥� and do not allow for in-person appearances at the Court date. It is important that you review the Notice to Cited Parties that accompanies the citation and check whether appearances are in-person or virtual. If the appearances are virtual, the Court may require a written response from you several days before the Court date, indicating whether you intend to appear. This will allow the Court sufficient opportunity to forward you a link to appear by Zoom or Microsoft Teams and state your intent.

Reach Out To an Estates Attorney If You Have Questions About a Surrogate鈥檚 Court Citation

Receiving a notice from the Court may be unsettling, especially if it is unexpected 鈥� but the Court鈥檚 intent is not to scare you. The Court simply wants to ensure that you have a 鈥渟eat at the table,鈥� and that you are aware of a proceeding that may impact you. If you receive a citation and are unsure of your options, an experienced estates attorney can help you navigate the process.

By Britt Burner, Esq. and Frank Oswald, Esq.

Britt Burner, Esq. is the Managing Partner at 明星黑料, P.C. focusing her practice areas on Estate Planning and Elder Law. Frank Oswald, Esq. is an associate attorney at 明星黑料, P.C. focusing his practice areas on Trusts and Estates. 明星黑料, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

Medicaid Rules for Community Spouses

In 2026, the community spouse is allowed to keep their own income and, if necessary, receive a portion of the nursing home spouse鈥檚 income, up to approximately $4,066.50 per month. This is meant to ensure that basic living expenses such as housing, utilities, food, and other day-to-day costs can continue to be paid. For many families, this is an important protection that allows the spouse at home to maintain stability.

There are also important protections when it comes to assets. While the spouse applying for Medicaid is limited to maintain $33,038 in their own name, the spouse at home can retain approximately $74,820, or up to one-half of the couple鈥檚 total assets, with a maximum of $162,660. The applying spouse can also have retirement accounts as an additional asset. Beyond that, the primary residence is typically protected as long as the spouse, or minor or disabled child continues to live there. This often comes as a relief to families who are concerned about losing their home.

No Penalty for Asset Transfers Between Spouses

Another important point is that assets can be transferred to a spouse without triggering a Medicaid look-back penalty. This is different from transfers to other individuals, which can result in a period of ineligibility. Because transfers between spouses are allowed, there are often opportunities to protect assets even when planning has not been done in advance.

Spousal Refusal

New York also permits a strategy known as 鈥渟pousal refusal.鈥� While the name can sound concerning, it is simply a way for the spouse at home to retain assets and income in their own name while the spouse in need of care applies for Medicaid. So long as that document is timely filed with the application, the Medicaid agency will determine eligibility for the institutionalized spouse without considering the assets or income of the community spouse.

Planning Ahead is Key, But Couples Still Have Options

It is also important to understand the cost of care. Nursing homes in the New York area can cost approximately $15,000 per month, and in some cases even more, depending on the facility. Without proper planning, these costs can quickly deplete a family鈥檚 savings.

Even in a crisis, families often have more options than they realize. Planning ahead is always best, but there are often still steps that can be taken when care is needed.

By Britt Burner, Esq. and Alma Muharemovic聽 Esq.

Britt Burner, Esq. is the Managing Partner at 明星黑料, P.C. focusing her practice areas on Estate Planning and Elder Law. Alma Muharemovic, Esq. is an associate attorney at 明星黑料, P.C. practice on Estate Planning. 明星黑料, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

How To Transfer Stocks in a Probate Estate

If you are an executor in this situation, you should first determine whether the stocks are held in a brokerage account, or whether the stocks are held directly with the issuing company. If the assets are held in an investment account, you should promptly notify the brokerage to advise them of the passing, as well as your role as fiduciary. The brokerage will typically require you to complete a form that opens a new account in the name of the estate. You will also be required to submit a death certificate, as well as the Letters Testamentary or Letters of Administration from the Surrogate鈥檚 Court which allow you to act.

Alternatively, if the stocks are held with a transfer agent (i.e. EQ Shareholder Services or Computershare), you must do some additional diligence to determine the decedent鈥檚 account number and the precise number of shares for each company. If you do not have this information, the transfer agent may send it to the last mailing address they have on file. Once you have all details, you must complete a form for each stock company, authorizing a transfer to the estate. As with the brokerage, you must submit a death certificate and your Letters Testamentary to proceed, as well as the original stock certificate, should you have one.

Occasionally, if the holdings exceed a certain monetary value, the brokerage or transfer agent will require you to obtain a special certification called a 鈥淢edallion Signature Guarantee鈥� from a financial institution. This Medallion is similar in function to a stamp from a notary public, and verifies that you are legally authorized to transfer the stocks to the estate account. Banks and credit unions will offer a Medallion guarantee at no cost to their account holders, but be sure to check with the institution to determine which documents are needed for the seal.

Liquidating vs. Transferring Stocks In Kind

When all documents are submitted to the brokerage and the estate account is opened, you may transfer the stocks 鈥渋n kind鈥� to each beneficiary, or you may sell all stocks and distribute the proceeds, as cash, to the beneficiaries. If you choose to liquidate the stocks, you should be aware that the stocks may be subject to capital gains tax, if their value has increased since the decedent鈥檚 date of death. However, a direct transfer of stock to each beneficiary does not create a taxable event, and accordingly, no taxes would be due from this method.

Simplify Stock Management with an Estate Planning Attorney

Marshaling shares of stocks can be quite challenging, especially if the decedent did not keep diligent records of their holdings. Nonetheless, fiduciaries have a responsibility to efficiently marshal all estate assets, including stocks. Coordinating with an experienced estate attorney can simplify a complex process and ensure that all assets are collected and distributed in an effective manner.

By Britt Burner, Esq. and Frank Oswald, Esq.

Britt Burner, Esq. is the Managing Partner at 明星黑料, P.C. focusing her practice areas on Estate Planning and Elder Law. Frank Oswald, Esq. is an associate attorney at 明星黑料, P.C. focusing his practice areas on Trusts and Estates. 明星黑料, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

How Estate Planning and Tax Season Intersect

Each tax season, individuals review their income, expenses, and any gifts or charitable donations made during the year to determine whether they are owed a refund or have additional tax obligations to the state or federal government. That same process can also help identify whether changes to asset ownership, trusts, or fiduciary roles may create additional tax filing responsibilities.

Tax season is therefore a good time to review how your assets are titled and what types of tax returns may need to be filed. In addition to federal and state individual income tax returns due each April, some individuals may also need to file fiduciary income tax returns for estates or trusts, as well as federal gift tax returns. If you are a business owner, the type of tax return you must file鈥攁nd the filing deadline鈥攚ill depend on the structure of your business.

Trust Tax Returns

Trust ownership can also affect how income is reported for tax purposes. Certain trusts, including revocable living trusts, Medicaid asset protection trusts that are structured as grantor trusts, and other intentionally defective grantor trusts, generally do not file their own income tax returns during the grantor鈥檚 lifetime. Instead, income generated by the trust鈥檚 assets is reported on the grantor鈥檚 personal income tax return, as though the assets were still owned individually. While these trusts may be assigned their own tax identification numbers, trustees should consult with their accountant to determine whether an informational return should be filed.

Other types of trusts, however鈥攕uch as irrevocable non-grantor trusts鈥攁re considered separate tax entities and may be required to file their own fiduciary income tax returns. Because trust taxation can vary depending on the type of trust and how it was structured, it is important for trustees and grantors to confirm their filing obligations with an accountant or attorney.

Gift Tax Returns

In addition to your individual income tax return, you may also need to file a federal gift tax return if you made gifts exceeding the annual federal gift tax exclusion amount. For both 2025 and 2026, the annual exclusion is $19,000 per recipient. Gifts above this amount must be reported on a federal gift tax return. While a tax is unlikely to be owed in most situations, these gifts reduce the total amount that can be transferred tax-free during your lifetime. In 2025, the federal lifetime gift and estate tax exemption was $13,990,000 per individual, and in 2026 the exemption increased to $15,000,000.

Other Tax Considerations

Additional tax responsibilities may arise if you are serving as the executor or administrator of an estate, or as the trustee of a trust established by someone who has passed away. If an estate or trust generates more than $600 in income during the year, the fiduciary may need to file a federal fiduciary income tax return. Because filing thresholds and rules can change over time, it is important to confirm the current requirements each year with a qualified legal and tax professional. When distributions are made to beneficiaries, those beneficiaries should receive a Schedule K-1 (Form 1041) reflecting their share of the income, which must be provided to their accountant when preparing their personal tax return.

Take Time to Evaluate Your Estate Plan This Tax Season

Tax season can feel overwhelming, but it also provides a useful opportunity to review the financial roles you hold鈥攚hether as an individual taxpayer, trustee, or executor鈥攁nd to ensure you are meeting any tax obligations associated with those roles. By taking the time each year to review these responsibilities, you can help ensure that both your tax filings and your estate plan remain aligned.

Probate vs. Small Estate Administration in New York

It is important to understand that probate and small estate administration are not the same. In New York, if a decedent鈥檚 estate consists of $50,000 or less in personal property (excluding real estate), a simplified proceeding called Voluntary Administration (commonly referred to as 鈥渟mall estate administration鈥�) may be available. While this process is more streamlined than full probate, it still requires filing documents with the Surrogate鈥檚 Court and obtaining authority before assets can be transferred.

New York also provides a limited exception through the Department of Motor Vehicles. In certain circumstances, a surviving spouse may transfer a vehicle by affidavit if the vehicle鈥檚 value is $25,000 or less and the required documentation is submitted. There are also narrow situations involving children under the age of 21. For example, if there is no surviving spouse, the affidavit procedure may be available where the decedent is survived by a child or children under 21. Because of these exceptions, some individuals assume that a car will always transfer easily without court involvement. That assumption, however, can lead to complications.

What Happens If You Cannot Transfer a Vehicle by Affidavit?

If there is no surviving spouse, and no qualifying minor child, the DMV affidavit process may not be available. In that situation, even a single vehicle titled solely in the decedent鈥檚 name can require a court proceeding before it can be transferred. Families are often surprised to learn that everything else may have been properly planned, yet one overlooked vehicle now requires court filings, legal fees, and delay.

This issue commonly arises when someone believes they have 鈥渁voided probate entirely鈥� because they created a trust. A trust can only control assets that are properly retitled into it. If a vehicle remains outside of the trust, it does not follow the trust instructions.

Is it a Good Idea to Put a Car in a Trust?

The lesson is not that every car must automatically be transferred into a trust, as each situation is different. Rather, it is that estate planning should include a complete review of all titled assets, even those that seem minor. A brief discussion about how vehicles are owned and whether an exception may apply can prevent unnecessary court involvement later.

Probate is often triggered not by major assets, but by small details that were unintentionally overlooked. Careful review during the planning process can help ensure that a family鈥檚 goal of avoiding court involvement is accomplished.

By Britt Burner, Esq. and Alma Muharemovic聽 Esq.

Britt Burner, Esq. is the Managing Partner at 明星黑料, P.C. focusing her practice areas on Estate Planning and Elder Law. Alma Muharemovic, Esq. is an associate attorney at 明星黑料, P.C. practice on Estate Planning. 明星黑料, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

Early Beginnings

Gail Prudenti was born and raised in Suffolk County, New York, where her mother served as a government official and her father as a jurist and political figure. Following in her family鈥檚 footsteps, she pursued a legal education, graduating with honors from Marymount College and earning her law degree from the University of Aberdeen in Scotland.

After returning to New York, Judge Prudenti began her career in public service, first clerking for Suffolk surrogate judge Ernest L. Signorelli and then serving as an assistant district attorney in Suffolk County. She then spent a decade in private practice focused on trusts and estates. During this time, she also served as special counsel for the New York City Patrolmen鈥檚 Benevolent Association鈥檚 Widows and Orphans Fund.

These early experiences combined public service with practical legal work, providing a foundation of experience and perspective that would shape her judicial and academic leadership in the years to come.

Rising Through the Judiciary

In 1991, Judge Prudenti was elected to the New York State Supreme Court and became the first woman elected Suffolk County surrogate judge, a role that allowed her to broaden her judicial perspective while deepening her knowledge of New York鈥檚 legal system. In 1999, she continued to break new ground as the first New York surrogate, of any gender, to serve as administrative judge for the Tenth Judicial District in Suffolk County, expanding her leadership responsibilities across the county鈥檚 courts.

In February 2002, Judge Prudenti became the first woman presiding justice of the Appellate Division, Second Department, overseeing one of the state鈥檚 most populous and diverse appellate courts, including Kings, Queens, Richmond, Nassau, and Suffolk Counties

The pinnacle of Judge Prudenti鈥檚 career came in 2011, when she was appointed Chief Administrative Judge of the Courts of New York State, a position she held until 2015. In that role, she oversaw 3,600 judges, 15,000 non-judicial staff, and more than 350 court facilities across New York, managing a budget exceeding $2.7 billion. Beyond the numbers, she directed the daily operations of the state鈥檚 courts, implemented reforms to improve efficiency and access, and ensured the fair administration of justice for millions of New Yorkers.

Through this historic role, Judge Prudenti set new standards for judicial leadership and court administration, leaving a lasting mark on New York鈥檚 entire legal system.

Shaping the Next Generation

Building on her trail-blazing career in the New York court system, Judge Prudenti moved into academic leadership at Hofstra Law in 2015. She served as Executive Director of the Center for Children, Families, and the Law for two years before becoming interim dean. In May 2017, she was appointed the 10th Dean of Maurice A. Deane School of Law, where one of her primary initiatives was leading a successful capital campaign. Hofstra President Stuart Rabinowitz praised her appointment, saying, 鈥淛udge Prudenti is an exceptional leader, a first-class legal talent and a gifted administrator whose commitment to public service and innovation has already helped expand clinical programs that provide valuable practical experience for our students and essential support for the community.鈥� She served as dean until June 2023.

A hallmark of Judge Prudenti鈥檚 career has been not only breaking barriers but also leaving institutions stronger than she found them. Her tenure at Hofstra coincided with the 2020 coronavirus pandemic and the school鈥檚 50th anniversary, a period that presented both unprecedented challenges and opportunities. Under her guidance, the 鈥淰ision 2020鈥� capital campaign exceeded its $17.5 million goal, raising over $22 million to support scholarships, legal clinics, and academic research. The campaign enhanced Hofstra鈥檚 national standing, advanced cutting-edge legal technology and interdisciplinary training, and strengthened the credentials of both students and faculty. During a time when many institutions struggled financially, Judge Prudenti鈥檚 leadership ensured Hofstra not only adapted but thrived. In recognition of her abilities, she was appointed to oversee a pro bono network of lawyers on the COVID-19 Recovery Task Force, a joint effort of the New York State Bar Association and the state court system.

During this period focused on shaping the next generation of leaders, Judge Prudenti also chaired the New York State Permanent Judicial Commission on Justice for Children and led the Suffolk County Bar Association Judicial Screening Committee, vetting candidates for judicial office. As a mentor, she has consistently focused on bringing the best and brightest to the forefront. Through her appointments and her work at Hofstra, she built a lasting legacy of leadership, empowering future attorneys, judges, and legal professionals to reach their full potential.

The Next Chapter: Judicious Advice

After decades of shaping courts, mentoring future leaders, and guiding complex legal institutions, Judge Gail Prudenti is now offering her expertise in a new way through Judicious Advice. This service provides legal professionals and clients with strategic guidance, practical insight, and the benefit of experience earned at the highest levels of the judiciary.

Drawing on her years as a jurist, administrator, and mentor, Judge Prudenti offers expertise in areas including:

• Case review and assessment
• Higher-level strategy
• Procedural efficiency
• Professional development
• Judicial aspirant counseling
• Ethics and disciplinary matters
• Attorney, mediation, and arbitration referrals
• AI and emerging technologies in the courtroom setting

Through Judicious Advice, Judge Prudenti continues her lifelong commitment to public service, providing thoughtful legal guidance and problem-solving support for both individuals and institutions.

Tap Into a Lifetime of Insight

Judge Prudenti鈥檚 reputation speaks for itself after over two decades of recognized excellence as a jurist, administrator, and mentor. For case guidance, strategic insights, or professional development, reach out to the Judicious Advice arm of 明星黑料 today for the opportunity to benefit from Hon. Gail Prudenti鈥檚 lifetime spent in the law.

Medicaid Income and Asset Levels 2026

By law, the allowable income and asset limits for Medicaid are set at 138% of the Federal Poverty Level (FPL).

In 2026, a single applicant must have less than $33,038 in countable assets, an increase from $32,396 in 2025. For married couples, the resource limit is $44,796. Furthermore, the monthly income limit is $1,836 per month for single applicants, and $2,489 per month for married couples.

The countable assets consist of cash, bank accounts, stocks, bonds, non-qualified annuities, and cryptocurrency. The primary home is automatically exempt if the applicant鈥檚 spouse, child under 21 years old, or disabled child (of any age) resides there. If a single applicant is the only resident, the home is considered if the equity value is greater than $1,130,000 (in 2026). Homes with equity valued below this threshold are excluded.

Tax-deferred assets (鈥渜ualified accounts鈥�), such as retirement accounts and IRAs, are exempt, so long as the applicant is taking minimum distributions 鈥� that is, they must be in 鈥減ayout status.鈥� However, the value of these minimum distributions is counted towards the applicant鈥檚 monthly income limit.

Is There a Community Medicaid Lookback in NY?

New York does not have a 鈥渓ookback鈥� period for Community Medicaid programs, though the state plans to implement one in the future. Though Institutional Medicaid (i.e. nursing home care) applications have a 60-month lookback period, where the state closely scrutinizes all asset transfers to ensure that none were gifted or sold for less than fair market value, Community Medicaid applications do not require such scrutiny. While the New York State budget in 2020 included a provision for a 30-month lookback period for Community Medicaid, it is unclear when the state intends to impose this requirement.

What if Your Assets are Above the Threshold?

Prospective Community Medicaid applicants with assets over the threshold can transfer their excess to an Asset Protection Trust, with the help of an estate planning attorney, and are eligible to apply in the following month. If their income is over the limit, these applicants can take advantage of a pooled income trust (鈥淧IT鈥�), which can shelter the excess. The PIT is a type of supplemental needs trust administered by an organization with an underlying charitable cause. With a PIT, the Medicaid recipient can keep their income level below the required threshold and keep the excess in trust. Once there, the income can be made available to the recipient to pay expenses for their own benefit, such as rent, utilities, food and clothing.

Medicaid Planning is Key

Though the state has not yet imposed a lookback period for Community Medicaid applicants, New Yorkers interested in the program should take precautions to protect their assets ahead of time. Consulting with an experienced attorney, especially while you are healthy, can minimize exposure of your assets and ensure that your enrollment in the program is seamless.

By Frank Oswald, Esq.

Frank Oswald, Esq. is an associate attorney at 明星黑料, P.C. focusing his practice areas on Trusts and Estates. 明星黑料, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

How Deeds and Medicaid Can Intersect

When applying for nursing home Medicaid, the state reviews all financial transactions made within the five years (60 months) prior to the application. This is known as the 鈥�look-back period.鈥� If you transferred assets for less than fair market value during that time, Medicaid treats the transfer as a gift.

Adding your son to your deed without receiving full market value in return is typically considered a partial gift of your home. If the transfer occurred within five years of applying, Medicaid may impose a penalty period during which it will not pay for your nursing home care. The length of the penalty is calculated by dividing the value of the gifted portion by the state鈥檚 average monthly nursing home cost. Importantly, the penalty period does not begin until you are otherwise eligible for Medicaid and residing in a nursing home.

There are limited exceptions to the five-year rule, which include but are not limited to transfers to a spouse, a disabled child, or a 鈥渃aretaker child鈥� who lived in the home for at least two years and provided care that delayed nursing home placement. These exceptions are narrowly defined and require documentation.

Other Potential Issues Beyond Medicaid

Beyond Medicaid concerns, adding a child to a deed may expose the home to that child鈥檚 creditors, divorce proceedings, or financial difficulties, and you may lose full control over the property. Additionally, there are certain tax implications when transferring property that can negatively affect you or your child. Lastly, the way your property is titled鈥攚hether as tenants in common or joint tenants with rights of survivorship鈥攃an lead to unintended consequences, potentially undermining your estate planning objectives or leaving some or all of the property subject to Medicaid estate recovery claims.

Speaking With an Estate Planning Lawyer Can Help You Implement the Right Strategy

While no one can predict future health needs, planning ahead is critical. Strategies such as a properly drafted Medicaid Asset Protection Trust, created at least five years before care is needed, may protect your home without exposing it to the risks associated with co-ownership. Consulting a Medicaid-conscious estate planning attorney is the best way to safeguard your assets and avoid future complications.