For many Louisiana families, the home is more than just property. It’s a legacy. It’s where holidays are spent, memories are made, and generations grow up together. It makes sense to want to protect something so meaningful, not just for yourself, but for the loved ones who come after you.
You may be wondering if putting your home in a trust is the right move. Whether you’re thinking ahead to long-term care, hoping to keep your estate out of probate, or looking to safeguard your assets, a trust can offer real benefits when it’s carefully set up to fit your needs.
What Is a Trust?
A trust is a legal arrangement where someone (called the grantor) transfers property to a trustee, who manages it for the benefit of named beneficiaries. Trusts come in two main forms: revocable and irrevocable. Each serves different purposes.
When it comes to protecting your home, the type of trust you choose will make a big difference.
Can a Trust Help You Avoid Probate?
One of the most common reasons people put their home into a trust is to avoid probate. In Louisiana, if a home is titled only in your name at the time of your death, it usually must go through succession, the state’s probate process.
By placing your home in a trust, you can ensure that it transfers directly to your beneficiaries without the delays or additional legal costs associated with court proceedings. It can save your loved ones time, stress, and money after you’re gone.
What About Nursing Home Costs?
Louisiana does not automatically protect your home from Medicaid recovery just because it’s in a trust. It depends on the kind of trust you use.
If you are concerned about qualifying for Medicaid and protecting your home from long-term care costs, an irrevocable trust may be beneficial. Once you place your home in an irrevocable trust, it is no longer considered your personal asset. This separation may help protect it from being used to pay for nursing home care or being claimed by the state after your death.
However, Medicaid has a five-year look-back period. If you transfer your home to a trust within five years of applying, it could affect your eligibility. Planning ahead is key.
Can a Trust Protect Against Creditors or Lawsuits?
In some cases, yes. A properly drafted irrevocable trust may protect your home from certain creditors or lawsuits, especially if it was created well in advance of any legal claims. However, keep in mind that this protection is not absolute. If the court finds that a transfer was made to avoid creditors, it may be reversed.
Work closely with an attorney to make sure your trust meets legal requirements and won’t raise red flags.
What Kind of Trust Do You Need?
That depends on your specific situation and goals. Here’s a basic breakdown:
- A revocable living trust lets you stay in control of your home while you’re alive. It helps avoid probate but does not offer protection from Medicaid or creditors.
- An irrevocable trust removes the home from your control. It offers stronger protection but limits your access and flexibility.
Choosing the wrong type of trust may not give you the protection or flexibility you intended. That’s why it’s important to work with an estate planning attorney who understands Louisiana law.
Speak With a Louisiana Estate Planning Attorney Today
Your home is too important to leave unprotected. Whether you want to avoid probate, plan for long-term care, or secure your assets for future generations, a trust may be a smart part of your estate plan.
At Losavio & DeJean, LLC, we help families across Louisiana protect their homes and their peace of mind. We take the time to understand your goals and recommend the most suitable tools for your specific situation.
Contact us today to schedule a consultation and take the first step in protecting what matters most.