Estate Planning Isn’t Just for “Later”: Elder Law & Protecting Your Home with Curtis (William) Smallwood

In Episode 74 of Spilling the Title Tea, Ashley sits down with Curtis (William) Smallwood, owner of Smallwood Elder Law, to break down what most homeowners don’t think about when they’re buying property: estate planning. Curtis explains why planning matters at every age, especially when your home is your biggest asset and how the right documents can help families avoid probate, protect privacy, and prevent conflict when a loved one passes.

They also dive into elder law and Medicaid planning, including the realities of nursing home costs, Medicaid’s strict asset limits, the five-year lookback rule, and why irrevocable trusts can be powerful (but require giving up control). Curtis also explains why “just put the house in the kids’ names” can create big issues, especially around taxes and step-up in basis. This episode is an honest, practical guide to having the uncomfortable conversations now, so your family doesn’t have to later.

Highlights

• Curtis shares his background as a solo attorney for 12+ years, focusing on elder law and end-of-life planning, plus his advanced tax law degree (LLM).
• Why estate planning gets avoided: nobody wants to think about death, incapacity, or hard family conversations—until they have to.
• How planning can help homeowners avoid probate, which Curtis explains is often lengthy, expensive, and public.
• Why privacy matters: without planning, assets and estate details can become public record.
• Protecting your biggest asset: how estate planning ensures your home goes to who you choose, not just what state law dictates.
• Avoiding family drama: how clear documents reduce misunderstandings, hurt feelings, and conflict over “what mom/dad said they wanted.”
• Planning for incapacity: durable powers of attorney can allow someone to pay bills, manage assets, or even sell a home if you can’t.
• Medicaid & nursing home planning basics: the strict asset limits, what “spend down” means, and how fast nursing home costs add up.
• Irrevocable trusts explained: why they can protect assets from Medicaid after the five-year lookback, and why the grantor can’t be the trustee.
• The “just add the kids” option: Curtis explains concerns with life estates and gifting property—especially the potential loss of step-up in basis and increased capital gains taxes later.

Links

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