Is a JTWROS Deed Right for You?
If you or a loved one are planning for long-term care or Medicaid eligibility, your home could be at risk of estate recovery after receiving benefits. A Joint Tenancy with Right of Survivorship (JTWROS) deed is a powerful legal tool that can help you protect your property and keep it in the family.
Why Consider a JTWROS Deed for Medicaid Planning?
1. Bypass Probate and Avoid Estate Recovery
Property held in JTWROS passes directly to the co-owner upon your death, keeping it out of probate—and out of reach of Medicaid recovery.
2. Preserve Family Assets
A well-structured JTWROS deed ensures your home stays with loved ones, without the fear of it being sold to repay Medicaid.
3. Maintain Ownership and Control
By structuring the deed to allocate a small percentage (like a 1% interest), you stay on the title as an owner while limiting exposure to recovery claims.
4. Simple and Affordable Solution
Compared to trusts and other complex estate planning tools, a JTWROS deed offers an easier and more cost-effective way to protect your property.
5. Immediate Transfer Upon Death
With JTWROS, there’s no waiting period—your property passes directly to the co-owner without the delays of probate court.
6. Flexibility for Spouses and Family Members
Joint ownership works well with spouses, children, or trusted individuals. Proper planning ensures the co-owner will retain the property with minimal legal complications.
Who Should Consider a JTWROS Deed?
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Individuals entering long-term care or nearing Medicaid eligibility.
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Homeowners seeking to avoid probate and reduce estate recovery risks.
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Families looking for an affordable alternative to trusts for asset protection.