Law Office of Amanda Scott, PLLC

10/01/2026

09/10/2026

Most families don’t think about Medicaid planning until there’s a crisis.

A fall. A dementia diagnosis. A hospitalization. A parent who suddenly can’t safely live at home.

And then comes the question:

“What happens to Mom’s house if she needs nursing-home care?”

Unfortunately, that is often when families first learn about Medicaid’s five-year lookback period.

For nursing-home Medicaid, certain transfers made during the five years before applying can create a period of ineligibility, the “penalty period.” That means waiting until someone needs care to start planning can dramatically limit the options available.

This is why advance planning matters.

For some families, a properly drafted and funded irrevocable trust can be an effective way to protect assets, including a home, while still allowing the person creating the trust to retain certain important rights.

But there is a word in that sentence that matters:

IRREVOCABLE.

This is not the same as putting your house into a revocable living trust.

Asset-protection planning requires giving up certain ownership and control on paper. The trust must be carefully drafted, properly funded, and - most importantly - established early enough for the planning to work as intended.

And the five-year clock?

It generally starts when the asset is actually transferred, not when you meet with an attorney, sign a retainer, or start thinking about planning.

The good news is that planning does not mean giving up the ability to live in your home or maintain your property tax exemptions. Depending on the strategy used, there may also be ways to preserve important rights and flexibility.

But every family is different, and Medicaid planning is definitely not one-size-fits-all.

The best time to talk about protecting a home and other assets is before there is a health crisis - when there is time to carefully consider the options instead of making decisions under pressure.

If you or your parents are approaching retirement age and own a home or other significant assets, now may be a good time to have that conversation.

The Law Office of Amanda Scott
Estate Planning • Elder Law • Probate
Serving families throughout Western New York
scottlawwny.com

This post is for general informational purposes only and is not legal advice.

Scott Law PLLC is a Western New York estate planning and elder law firm owned by attorney Amanda J. Scott. Personal, plain-English help with wills, trusts, Medicaid asset protection, probate, and powers of attorney — serving Buffalo, Amherst, Williamsville, and all of WNY.

09/08/2026

Did you know?

⚠️ Your Will May Not Control Who Gets All of Your Assets

One of the most common estate planning misconceptions is that your Will determines who receives everything you own when you pass away.

In reality, many assets can pass outside of your Will based on a beneficiary designation or the way the asset is titled.

For example:

🏦 Bank accounts may have a payable-on-death beneficiary.

🏡 Real estate may pass automatically depending on how the deed is titled.

💼 Retirement accounts such as IRAs and 401(k)s generally pass to the beneficiaries named on the account.

❤️ Life insurance is typically paid directly to the beneficiary listed on the policy.

👥 Jointly owned assets may pass automatically to the surviving owner.

That means an old beneficiary designation can sometimes override what you intended in your Will.

The takeaway: Estate planning isn’t just about signing a Will. Your Will, Trust, deeds, account ownership, and beneficiary designations should all work together as one coordinated plan.

Major life events - marriage, divorce, the birth of a child, a death in the family, or simply the passage of time - are good reasons to review your plan and make sure it still reflects your wishes.

⚖️ A little planning now can prevent a lot of confusion later.

08/29/2026

10 Things About Estate Planning Most People Don’t Realize - But Should

Estate planning is about a lot more than just having a Will. Here are 10 things that may surprise you:

1. Your Will does not control everything you own. Assets with beneficiary designations, joint owners, or certain transfer-on-death arrangements may pass outside of your Will.
2. The beneficiary form you filled out years ago may matter more than your Will. Retirement accounts and life insurance generally pass to the beneficiary listed on the account - even if your Will says something different.
3. Your family cannot automatically make decisions for you if you become incapacitated.
Without a properly executed Power of Attorney and Health Care Proxy, your loved ones may need court intervention to obtain authority to handle important financial or medical matters.
4. A Power of Attorney ends when you die. Your agent can help manage your finances during your lifetime, but their authority ends at death.
5. A Will does not avoid probate. A Will tells the Surrogate’s Court how you want your probate assets distributed. It does not, by itself, keep your estate out of court.
6. Probate is generally a public court proceeding. Court filings can reveal information about your estate, beneficiaries, and administration.
7. Waiting until a nursing home is needed may eliminate planning options. Medicaid has complex eligibility and transfer rules. Planning earlier can give families significantly more flexibility.
8. A trust is not automatically “better” than a Will. The right plan depends on your assets, family, goals, and circumstances. A trust can be incredibly useful - but only when it is the right type of trust and is properly funded.
9. Your retirement accounts need their own estate plan. Beneficiary designations and post-death distribution rules can have significant tax consequences for the people who inherit them.
10. An outdated estate plan can sometimes be worse than no plan at all. Marriage, divorce, deaths, births, new grandchildren, property purchases, changing relationships, and outdated beneficiaries can completely change how an old plan works.

The biggest estate planning mistake? Assuming the documents you signed years ago still accomplish what you want today.

Estate planning isn’t just about what happens when you die. It’s about protecting yourself, your family, and your assets while you’re here, too.

08/20/2026

🔍MYTH OR FACT? 🔍

❌ Myth: You can prepay your funeral home directly in New York State.

✅ Fact: You can prefund your funeral expenses.

In New York State, funeral homes cannot accept payment for funeral services until those services have been provided. However, your funeral director can help you establish a funeral trust, allowing you to safely set aside funds in advance for your future funeral expenses.

Preplanning and prefunding can provide peace of mind, help protect against rising costs, and ease the financial burden on your loved ones.

Have questions about preplanning? We're always happy to help—no pressure, just honest guidance.

08/19/2026

Can You Avoid Probate? In Many Cases, Yes.

Probate is the court process used to administer certain assets after someone passes away. While probate is sometimes necessary, good estate planning can often reduce - or even eliminate - the assets that need to go through the probate process.

Some common ways assets can pass outside of probate include:

• Beneficiary designations – Life insurance, retirement accounts, and certain financial accounts can pass directly to the beneficiaries you have named.

• Joint ownership with rights of survivorship – Certain jointly owned assets may pass automatically to the surviving owner.

• Payable-on-death or transfer-on-death designations on financial accounts – Many bank and investment accounts can be structured to pass directly to a designated beneficiary.

• Revocable living trusts – Assets that are properly transferred into a trust during your lifetime can generally pass according to the terms of the trust without probate.

• Deeds with a retained life estate – In appropriate circumstances, real property can be transferred during your lifetime while you retain the right to live in and use the property for the rest of your life. At your death, the property can pass directly to the named remainder beneficiaries without probate.

One important thing to remember: simply having a Will does not avoid probate. A Will directs how your probate assets should be distributed - it does not, by itself, keep your estate out of court.

There is no one-size-fits-all estate plan. The right approach depends on your assets, your family circumstances, and your long-term goals.

The Law Office of Amanda Scott
Estate Planning • Elder Law • Probate