Title: Can a Delaware Asset Protection Trust (DAPT) Keep Your House Safe from Delaware Medicaid?

Short answer: Possibly — but not automatically. A Delaware Asset Protection Trust (“DAPT”) can be a powerful tool for shielding assets (including real estate) from future creditor claims but using it to plan for Medicaid eligibility requires careful timing, proper drafting, and trusted local legal advice.

Effective December 4, 2025, Delaware joins a growing number of states in authorizing Transfer on Death (TOD) deedsfor real property under Title 25, Chapter 2 – the Uniform Real Property Transfer on Death Act. This new law provides Delaware property owners with a powerful estate-planning tool that allows real estate to pass directly to named beneficiaries at death—without probate.