Trust vs. Will
Buffalo NY — Elder Law & Home Planning
Should a Buffalo homeowner put their house in a trust or leave it through a will? For most WNY families navigating elder care costs, the answer depends almost entirely on Medicaid planning. A will sends the home through probate — where Medicaid can recover. A Medicaid Asset Protection Trust, executed at least 5 years before applying, can shield the home from recovery entirely. This guide explains the difference.
NCB is not a law firm. General educational information. Laws change. Consult a licensed NY elder law attorney. Bar Association of Erie County: (716) 852-8687
Treat the Home Differently
The single most important difference between a trust and a will — for Buffalo families dealing with elder care — is what happens to the home after death, and whether Medicaid can reach it.
| Document | Home Goes Through Probate? | Medicaid Can Recover? | Timeline to Transfer |
|---|---|---|---|
| Will | Yes — probate required | Yes — MERP files claim in probate | Months to years through Erie County Surrogate’s Court |
| Revocable Living Trust | No — avoids probate | Yes — NY counts revocable trust assets for Medicaid | Faster transfer at death; but home still counted as asset |
| Medicaid Asset Protection Trust (MAPT) | No — avoids probate | No — if trust executed 5+ years before Medicaid application | Faster transfer at death; home protected from MERP |
| Joint Tenancy with Right of Survivorship | No — passes automatically | Partially — NY MERP has limited recovery against JTWROS | Immediate at death |
and When It Helps
A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust specifically designed to remove assets — typically the home — from the Medicaid applicant’s countable resources while preserving them for family. It is the most powerful home-protection tool available to WNY families — but it requires advance planning.
The parent transfers the home to the MAPT while retaining the right to live there for life. The trustee — often an adult child — holds legal title.
The transfer triggers the Medicaid 60-month lookback. The home is protected from Medicaid recovery only if 5 full years pass before the parent applies for nursing home Medicaid.
The home is no longer a countable asset for Medicaid purposes. When the parent dies, the home passes to trust beneficiaries without going through probate — and without MERP recovery.
A MAPT must be executed and funded at least 60 months before the parent applies for Medicaid nursing home benefits. Most Buffalo families don’t call an elder law attorney until a care crisis is already underway — at which point the 5-year window has closed and other strategies must be used.
Save the Home
Most Buffalo families don’t have a MAPT in place when a care crisis hits. When that’s the case — and the home is a countable asset that must be liquidated — a fast cash sale is often the most practical path forward.
The home may need to be sold when:
- No MAPT exists and the home is a countable asset for Medicaid spend-down
- The MAPT was funded less than 60 months ago and the lookback applies
- The home passes through probate under a will and MERP files a recovery claim
- The estate needs liquidity to fund care while Medicaid planning is completed
When the home needs to be liquidated — whether through probate, a spend-down plan, or an estate sale — NCB can show you what it would net. We work with estate attorneys and elder law counsel. No obligation. Call (716) 557-7005.
Should I put my Buffalo home in a trust to protect it from Medicaid?
A Medicaid Asset Protection Trust (MAPT) can protect a home from Medicaid estate recovery — but only if it is funded at least 60 months before applying for nursing home Medicaid. A revocable living trust does not protect the home from Medicaid. A will sends the home through probate, where MERP can file a recovery claim. The right answer depends entirely on your specific situation and timeline. DISCLAIMER: Consult a licensed NY elder law attorney. This is general educational information only.
Does a will protect a house from Medicaid in New York?
No. A will sends assets through the probate estate — which is exactly where New York’s MERP program files recovery claims. A home that passes through probate under a will can be subject to Medicaid estate recovery. Assets that avoid probate (MAPT, joint tenancy with right of survivorship, beneficiary designations) may have more protection. DISCLAIMER: NY Medicaid recovery rules are complex. Consult a licensed elder law attorney.
What is a Medicaid Asset Protection Trust in New York?
A MAPT is an irrevocable trust that removes assets from a Medicaid applicant’s countable resources after the 5-year lookback period has passed. The parent transfers the home to the trust, retains a life estate (right to live there), and after 60 months the home is no longer counted for Medicaid eligibility. At death, the home passes to beneficiaries without probate and without Medicaid estate recovery. DISCLAIMER: MAPT planning is complex. Consult a licensed NY elder law attorney well before any care crisis.
Areas We Serve
NCB purchases homes across all of Buffalo and Western New York — any condition, any situation, all contents included.
Trust vs. will in Buffalo NY — which protects the home from Medicaid recovery? MAPT, revocable trusts, probate, and how WNY families structure elder care planning. Nickel City Buyers, LLC · 3842 Harlem Rd STE 400-339, Cheektowaga, NY 14215 · (716) 557-7005. Not legal or Medicaid advice. A+ BBB · 300+ homes since 2013.
If the Home Needs
to Be Sold
No MAPT in place. Home going through probate. Estate needs liquidity. Whatever the situation, NCB can close fast — working with your estate attorney through the process.