As a homeowner in New York, your property is likely your largest asset—and the one most vulnerable to estate planning oversights. Whether you're planning to leave your home to family, sell it as part of a trust, or simply protect it from probate delays, understanding how estate planning impacts real estate is crucial.

This guide outlines five of the most common estate planning mistakes New York homeowners make—and how to avoid them.

1. Thinking a Will Avoids Probate

The Mistake: Many homeowners believe that having a will is enough to pass their home on to heirs smoothly.The Reality in NY: A will must go through probate—a legal, public, and often time-consuming court process. During probate, the court verifies your will and authorizes your executor to distribute your assets. In the meantime, your heirs may be stuck waiting.

The Better Plan: Consider creating a revocable living trust. When your home is titled in the name of a trust, it bypasses probate entirely, allowing for a faster and more private transfer to your chosen beneficiaries.

2. Leaving the Home “To the Kids” Without a Plan
The Mistake: You may have told your children, "The house is yours when I’m gone," but unless that's documented properly, it won't hold up.

The Risk: Without legal paperwork or updated deeds, your home will pass through probate. This can lead to family disputes, delays, or even forced sales.

The Better Plan: Work with an estate attorney to create a clear will or trust that outlines how and to whom your home should pass. You can also explore life estate deeds, which allow you to retain rights to the property during your lifetime while designating beneficiaries.

3. Not Updating the Deed
The Mistake: Life changes (divorce, marriage, a spouse’s passing) happen—but many forget to update their property title to reflect these events.

Why It Matters: Outdated or incorrect deed information can delay or even prevent your heirs from selling or inheriting your home.

The Better Plan: Regularly review your deed to ensure it matches your current wishes. If appropriate, consider joint tenancy with rights of survivorship or transfer of the deed into a trust.

4. Ignoring Long-Term Care Planning
The Mistake: Many assume Medicare will cover nursing home expenses, and don’t plan for how long-term care could impact their home.

The NY Risk: In New York, Medicaid can seek reimbursement from your estate after your death—including placing a claim on your home.

The Better Plan: Consult an elder law attorney to explore a Medicaid Asset Protection Trust (MAPT). With proper timing, this strategy can shield your home from estate recovery while preserving your eligibility for long-term care benefits.

5. Not Telling Anyone Where the Documents Are
The Mistake: You did the hard work—you made a plan. But if no one knows where your will, trust, or deed is stored, it may be as if you never planned at all.

The Consequence: Delays, confusion, court intervention, or improper distribution of your home.

The Better Plan: Store your documents in a fireproof, accessible location. Give copies (or at least access instructions) to your executor, trustee, or trusted family member.

Protecting Your Home Is Protecting Your Legacy

As a Realtor, I often help families navigate the sale of inherited property. I’ve seen the stress, delay, and cost poor planning can cause—and how much smoother things go when the right steps are taken in advance.

If you’re unsure whether your home is properly included in your estate plan, let’s talk. I can provide insight on how your real estate fits into the bigger picture and connect you with local professionals to help you plan with confidence.