Home › About The Firm › Blog › Should You Put Your Home in a Trust? A Guide for Rochester Homeowners
Published March 14th, 2025 by Klafehn, Heise & Johnson P.L.L.C
For many homeowners in Rochester, NY, estate planning includes the critical decision of how to protect their home for future generations. One of the most effective ways to manage and secure your property is by placing it in a trust. But is this the right choice for you?
At Klafehn, Heise & Johnson P.L.L.C., we help homeowners throughout Rochester, Brockport, and Monroe County make informed estate planning decisions that align with their financial goals and family needs. In this guide, we’ll explain the benefits of placing your home in a trust, how it differs from a will, and whether it’s the best option for you.
A trust is a legal arrangement that allows a third party, known as a trustee, to hold and manage assets on behalf of designated beneficiaries. Unlike a will, which only takes effect after your passing, a trust can be set up and managed during your lifetime.
There are several types of trusts, but two common options for homeowners include:
Each type of trust offers different levels of control, protection, and tax benefits, so it’s essential to work with an estate planning attorney to determine which one is right for you. Contact us to discuss your options today.
There are several advantages to placing your home in a trust, particularly if you want to protect your property, avoid probate, and simplify estate management.
Want to explore whether a trust is right for your home? Schedule a consultation with us today.
If you're deciding between a will and a trust, consider these key differences:
Feature | Will | Trust |
---|---|---|
Goes Through Probate? | Yes | No |
Becomes Effective? | After Death | Can Take Effect During Lifetime |
Controls How Assets Are Managed? | No | Yes |
Privacy Protection? | No (Probate Is Public) | Yes |
Helps with Incapacity Planning? | No | Yes |
Provides Medicaid Asset Protection? | No | Yes (With an Irrevocable Trust) |
While a will is simpler to create, a trust provides greater protection and flexibility, making it a preferred choice for many Rochester homeowners.
Not every homeowner needs a trust, but you should strongly consider one if:
If any of these apply to you, a trust could be the best option. Talk to our estate planning attorneys today.
Setting up a trust requires careful planning to ensure it aligns with your long-term goals. Here’s how to get started:
Need help setting up a trust for your home? Schedule an appointment today.
A trust can be a powerful tool to protect your home, simplify inheritance, and provide peace of mind for you and your family. If you're considering placing your home in a trust, Klafehn, Heise & Johnson P.L.L.C. can guide you through the process.
Start planning today—contact us now to secure your home’s future and ensure your estate is protected.
Legal Disclaimer: This article provides general information about estate planning in New York State and should not be construed as legal advice. Each individual’s situation is unique, and laws can vary. For personalized legal guidance, contact the attorneys at Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. You can reach us here. Portions of this article are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.
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