It's not always "better," but putting your house in a trust generally avoids costly, public probate, offers more control/privacy, and helps with incapacity, making it great for complex estates or blended families; a will is simpler/cheaper for small estates but goes through probate, making it less private and potentially time-consuming for heirs, though you still need a will for guardians. A trust is often superior for a house to streamline transfer, but a will is essential for naming guardians, so many people use both.
Disadvantages of putting your house in a trust include upfront legal costs and complexity, potential difficulty refinancing mortgages, the risk of losing control (especially with irrevocable trusts), the need for meticulous paperwork and ongoing management, and the fact that some tax benefits aren't guaranteed, with potential issues like losing capital gains tax relief or triggering other taxes. It also doesn't protect other assets from probate unless they are also in the trust.
The most tax-efficient way to leave a home to a child usually involves leaving it in your will for them to inherit, which qualifies for a stepped-up tax basis (reducing capital gains tax if sold) and avoids immediate gift taxes, though trusts (like Revocable Living Trusts for probate avoidance or QPRTs for advanced planning) or Transfer-on-Death (TOD) deeds (where available) offer control and probate avoidance, while outright gifting is generally less tax-efficient due to inherited basis issues. Consulting an estate planning attorney is crucial to choose the best method for your specific situation.
A revocable living trust will not protect your assets from a nursing home. This is because the assets in a revocable trust are still under the control of the owner. To shield your assets from the spend-down before you qualify for Medicaid, you will need to create an irrevocable trust.
You generally should not put retirement accounts (IRAs, 401ks), life insurance policies, vehicles (cars, boats), UGMA/UTMA accounts, and some business interests into a trust due to tax issues, complications with titling, or existing beneficiary designations that work better outside the trust. Instead, name the trust as the beneficiary for retirement accounts and life insurance to control distribution, while other assets often transfer easily via beneficiary designations or a will.
Trust is preferable over a Will because the assets that are in the Trust are non-public assets. Example: If you take your house and you transfer it into the Trust and your parents passed away, then you don't have to open an estate to transfer the asset, and it remains confidential.
Suze Orman, the popular financial guru, goes so far as to say that “everyone” needs a revocable living trust. But what everyone really needs is some good advice. Living trusts can be useful in limited circumstances, but most of us should sit down with an independent planner to decide whether a living trust is suitable.
While there's no magic number for when you need a trust, you may consider one when your net worth exceeds $1 million or if you have complex family situations. The decision depends more on your specific circumstances, goals, and estate planning needs than a specific dollar amount.
Disadvantages of putting a house in trust
Expense. Creating and maintaining a trust is typically more expensive than creating a will. Loss of control. If you create an irrevocable trust, you typically cannot change the terms of the trust or change the beneficiaries.
Compared to wills, living trusts are considerably more time-consuming to establish, involve more ongoing maintenance, and are more trouble to modify. A lawyer-drafted trust typically costs more than a thousand dollars, though the cost will shrink dramatically if you use a self-help tool to make your own trust.
Tax Issues and Capital Gains
The tax rate for capital gains can be as high as 15%. However, parents can use strategies to reduce tax liabilities when transferring property to their children. For example, by transferring the property to children through a trust, you can potentially reduce or avoid estate taxes.
Filing taxes for a trust or an estate is a requirement during each year that it earns at least $600 in income. However, depending on what you inherit–cash, stocks, other assets–how and when they're taxed may differ.
In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate. It's a progressive tax, just like the federal income tax system. This means that the larger the estate, the higher the tax rate it is subject to.
One of the most common mistakes people make when creating a trust is forgetting to transfer their assets into the trust. A trust is only effective if it is funded properly, meaning that you must title your assets in the name of the trust.
To avoid a nursing home taking your house, plan ahead with an elder law attorney by using strategies like irrevocable trusts (Medicaid Asset Protection Trusts) or life estates, which remove the home from countable assets for Medicaid eligibility after a 5-year "look-back period," allowing you to qualify for aid while preserving the home for heirs. Other options include purchasing long-term care insurance, transferring assets strategically, or setting up a "sell-and-stay" agreement with a company, but always consult a lawyer first to navigate complex rules like the Medicaid look-back period.
The short answer: Yes, you can absolutely sell a home below market value—and legally gift the difference. It's a legitimate and frequently used estate planning strategy that can support younger generations, avoid probate, and reduce estate tax exposure.
Inheriting $100,000 or more is often considered sizable. This sum of money is significant, and it's essential to manage it wisely to meet your financial goals. A wealth manager or financial advisor can help you navigate how to approach this.
If you inherit property and use it as your personal residence, you'll only owe capital gains tax if you sell it for more than its stepped-up basis and don't qualify for the home sale exclusion discussed earlier.