Worried about what happens to your family when you're gone? Putting a house in a trust could save your Brooklyn loved ones from spending over a year tied up in probate court proceedings.
Your brownstone in Park Slope or family home in Bay Ridge represents more than just your biggest asset—it's where your most precious memories live. Without the right planning, though, this treasured investment could put your loved ones through lengthy, stressful legal processes after you pass away. Kings County Surrogate's Court probate can drag on for months, sometimes over a year, keeping your family from accessing what's rightfully theirs.
We're here to show you there's a better way. When you place your home in a living trust or irrevocable trust, it passes straight to your beneficiaries without any court involvement. Your loved ones in Flatbush, Williamsburg, or Queens neighborhoods like Astoria can skip the time-consuming and expensive probate process entirely. Putting a house in trust means that after you die, ownership transfers smoothly and quickly to the people you choose.
Asset protection and privacy are just the beginning of what trusts can do for your family. When you place your home into a Medicaid Asset Protection Trust at least 5 years before needing care, you stay eligible for benefits while keeping your home in the family where it belongs.
We promise to walk you through exactly how to put your Brooklyn house in a trust, step by step. Your family's security means everything to us, and we're here to help you protect what matters most. You know your family better than anyone—we're simply here to give you the legal tools to safeguard their future.
🏠What Does It Mean to Put Your Brooklyn House in a Trust?
Putting your Brooklyn brownstone or Queens condo into a trust creates a protective legal structure around your most valuable asset. This process offers advantages that regular ownership simply can't match, and we're here to explain exactly how it works.
What is a trust and how does it work?
A trust creates a fiduciary relationship where someone holds legal title to your property while managing it for another person's benefit. Think of it like appointing a trusted guardian to watch over your Bed-Stuy brownstone or Carroll Gardens townhouse—someone who follows your exact wishes for how it should be handled.
The setup involves three important people: you as the grantor who creates the trust, a trustee who manages everything, and your beneficiaries who receive the benefits. Your trust can hold your property as the main asset and also generate income through rent, interest, or dividends.
Most Brooklyn homeowners work with us to choose between revocable trusts, which you can change anytime during your life, or irrevocable trusts, which generally stay the same once you set them up. The right choice for your Williamsburg loft depends on your property's value and what you want to accomplish.
How does putting a house in a trust differ from a will?
Here's where trusts really shine compared to wills. While wills put your Cobble Hill property through probate court scrutiny, trusts skip all of that. Trusts also keep your family's business private, but wills become public records that anyone can read during probate.
Your Crown Heights home transfers to your loved ones much faster through a trust than through a will. Probate can tie up your family's inheritance for months, sometimes years.
Trusts give you much more control over your Greenpoint property's future, too. You can set up specific rules for when your children inherit your home or make sure it can't be sold too quickly.
Can you still live in your home after placing it in a trust?
Absolutely—and this surprises a lot of people! With a revocable trust, you usually name yourself as the trustee, so you keep complete control over your Prospect Heights home. You'll still pay your mortgage, use your home equity, and live exactly like you always have.
Even with irrevocable trusts, where you do give up control, we can draft the trust so you can live in your Flatbush property for your entire lifetime. Many Brooklyn homeowners choose trusts specifically because they want to stay in their homes while making sure the property stays protected for their children and grandchildren.
🔍 Why Do Brooklyn Homeowners Put Their Homes in a Trust?
Brooklyn homeowners choose trusts for good reasons. Your Bay Ridge co-op or Bushwick brownstone needs protection, and we understand the concerns that keep you up at night about your family's future.
Can a trust help avoid probate in New York?
Probate avoidance. Kings County Surrogate's Court probate remains the biggest worry for most families. Without proper planning, your Ditmas Park home gets stuck in probate for months, sometimes over a year. During this time, your heirs can't sell or rent the property, and legal fees keep eating away at what you've worked so hard to build.
When you transfer your Crown Heights property into a trust, you skip probate completely. Your Williamsburg loft or Park Slope brownstone goes straight to your beneficiaries without any court involvement. This saves your loved ones time, money, and the emotional stress of dealing with courts during an already difficult period.
Does a trust protect your home from Medicaid recovery?
After working hard your whole life, you shouldn't have to worry about the state taking your home after you're gone. If you need nursing home care, Medicaid can put a lien on your Bensonhurst property to recover those costs.
Our Medicaid Asset Protection Trust planning can help. When you place your home into a MAPT at least 5 years before needing care, you get:
• You stay eligible for Medicaid benefits • Your Dyker Heights duplex remains in the family • The state can't seize it after death
Remember, that five-year look-back period matters. Moving assets too close to needing care can result in penalties.
How does a trust keep your estate private?
Wills become public record through probate, exposing your Forest Hills property's value and all your estate details to anyone who wants to look. Trusts stay private. This privacy especially helps public figures and business owners in neighborhoods like DUMBO or Carroll Gardens who want to keep their financial affairs confidential.
Can a trust help keep the home in the family?
Family legacy protection. For multi-generational families in Sheepshead Bay or Astoria, trusts give you control over your property's future. You can set specific conditions—maybe requiring your children to share ownership of your Sunset Park home or preventing them from selling too quickly. This proves especially valuable for multi-unit properties where family disputes over inheritance can tear families apart.
🛠️ How Do You Put Your Brooklyn House in a Trust Step-by-Step?
Setting up a trust for your Bedford-Stuyvesant brownstone or Astoria apartment takes careful planning, but we can guide you through each important step. Let's work together to protect your valuable Brooklyn or Queens property.
Step 1: Choose the right type of trust (revocable vs irrevocable)
This first choice shapes everything else about your trust. With a revocable living trust, you keep control over your Williamsburg property, can change things whenever you need to, and skip probate—but you won't get protection from creditors or Medicaid. An irrevocable trust works differently by permanently moving your Crown Heights home out of your estate, which protects it from creditors and Medicaid recovery while helping reduce estate taxes.
Step 2: Select your trustee and beneficiaries
Your trustee will manage the trust just like you want them to. Look for someone who has good judgment, knows about finances, and can handle the paperwork. You can name yourself as trustee if you choose a revocable trust, but irrevocable trusts usually need someone independent to serve as trustee. When things get complicated, we often suggest co-trustees—maybe one family member plus a corporate trustee—so you get both personal care and professional know-how.
Step 3: Draft and notarize the trust document
We'll help you work with an attorney to create a trust agreement that's legally solid and spells out all the terms, names your trustees, and lists your beneficiaries. You'll sign this document in front of a notary public to make it official. This step creates the legal foundation that protects your Flatbush property.
Step 4: Transfer the deed to the trust
You'll need a new deed that moves your Park Slope home from your name to the trust. The deed has to include:
• The exact legal description of your property
• The trustee listed as the new owner • Your signature in front of a notary • Recording with the Kings County or Queens County clerk's office
Step 5: Update property records and insurance
Right away, call your homeowner's insurance company about the ownership change. Make sure they update your policy to include the trust as additional insured—if you don't do this, they might deny claims even though you keep paying premiums. Also, your property tax bills and utility accounts need to show the trust as owner so you don't run into problems later.
⚠️ What Mistakes Should You Avoid When Setting Up a Trust in NYC?
Even the most caring Brooklyn homeowners can make costly mistakes when putting houses in trusts. We're here to help you avoid these common pitfalls that could put your family's security at risk.
What happens if you name yourself trustee of an irrevocable trust?
One of the benefits of using an iPUG is that you can be the trustee of your own irrevocable trust. The iPUG is an irrevocable trust that gives you the right to be the trustee, but places restrictions on what you can do with the principal. What does all that mean? Simply put, it means that once you put the house into the trust, it tays there, or, if you sell it, the money stays in the trust. Can you use the money? Sure, to buy another house, or the buy other investments that can generate income.
Naming yourself as trustee does not mean your house isn’t protected. So if you use an iPUG, then your Sheepshead Bay home is protected from creditors, and that Cobble Hill Brownstone can be safe from medicaid.
Why is funding the trust properly so important?
Unfunded trusts are like empty safes—they look official but don't protect anything. When you forget to transfer your Williamsburg condo's title to your trust, it stays subject to probate—exactly what you were trying to avoid. Even worse, poorly funded trusts can create unfair distributions among your children, potentially tearing families apart over your Astoria property.
What is the 5-year Medicaid look-back rule?
Medicaid looks at every financial move you've made in the five years before applying for benefits. Transfer your Clinton Hill townhouse into a trust too late, and you could face penalties or lose eligibility when you need care most. Even gifts that seem harmless under Federal Gift Tax Rules can trigger private-pay penalties.
How can tax implications affect your trust setup?
Tax mistakes can be expensive. New York's estate tax exemption threshold is lower than federal limits—so if your trust doesn't address this properly, your DUMBO loft could face state estate taxes you never saw coming. Plus, revocable and irrevocable trusts have completely different income tax rules.
We understand these details can feel overwhelming. That's why we're committed to walking you through every step, making sure your trust protects your family the way it should.
Why putting your house in a trust is a good idea
Putting your Brooklyn house in trust stands as one of the smartest moves you can make for your family's future. Your trust means everything to us, and we're committed to looking out for you and your loved ones with the kind of care and expertise that comes from nearly 30 years of helping Brooklyn families just like yours.
Your brownstone in Park Slope or townhouse in Carroll Gardens deserves protection that goes beyond simple ownership. Whether you choose a living trust for flexibility or an irrevocable trust for Medicaid planning, we're here to help you find the right fit for your family's needs. Families in Williamsburg often benefit from revocable options, while those in Bay Ridge concerned about long-term care find peace of mind with irrevocable trusts.
The five-year Medicaid look-back period means timing matters. We understand this can feel overwhelming, but you don't have to figure it out alone.
Properly funding your trust remains the step that makes everything else work. Without this crucial action, even the most carefully crafted trust becomes just paperwork, leaving your DUMBO loft or Bed-Stuy brownstone vulnerable to exactly what you wanted to avoid.
At Alatsas Law Firm, we promise to be there for you, offering our best advice and support, so you can have peace of mind knowing your family's future is secure. We've been serving Brooklyn, Queens, and Staten Island families since 1996, and we know that every family's situation is unique.
You know your family better than anyone—we simply provide the legal tools to protect what matters most to you. Contact us today to schedule a free consultation where we can discuss how to safeguard your Prospect Heights or Astoria property and ensure your loved ones are taken care of when you're gone.
