Is a Life Estate a Good Way to Avoid Probate?

 In Long-Term Care Planning, Real Estate



My mother-in-law has been given approximately six months to a year to live and would like to pass the house to my husband, her only child, and avoid probate. Would a life estate deed work in this case, since it won’t affect the Medicaid look-back period?


Yes, a life estate would work well for this. Just to clarify, it would create a Medicaid look-back period of five years, but that would not be a problem if your mother-in-law won’t be applying for Medicaid benefits. Another option would be for your mother-in-law to add your husband on as a joint owner, or “joint tenant,” on the deed. This would have the same result as a life estate.

Related Articles:

Is a Life Estate or Irrevocable Trust Better for Protecting my House from Medicaid Estate Recovery?

What Happens to My Life Estate Upon My Mother’s Death?

Should My Mother End Her Life Estate to Protect Home from Creditors?

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