The Short Answer

In Pennsylvania, an irrevocable trust can be a useful tool to help keep a home in the family and, in some situations, reduce exposure to certain future claims—but it only works if it is properly drafted, properly funded (the deed is handled correctly), and consistent with your mom’s overall estate plan and benefits planning goals.

Because “irrevocable” means your mom generally gives up key control rights, the biggest risk is creating a trust that fails to protect the home (or creates tax/benefits problems) while still taking the house out of her name.

What Pennsylvania Law Says

Pennsylvania recognizes trusts created during life (including irrevocable trusts) when the legal requirements for creating a trust are met—such as the settlor’s capacity, a signed written trust instrument showing intent, a trustee with duties, and identifiable beneficiaries. In plain terms: the trust must be valid on paper, and then the house must actually be transferred into it for the trust to matter.

The Statute

The primary law governing creation requirements for a Pennsylvania trust is 20 Pa.C.S. § 7732.

This statute establishes that a trust is created only if specific requirements are satisfied (including capacity, a signed writing showing intent and terms, a trustee with duties, and a definite beneficiary).

Also, Pennsylvania law generally treats a trust as revocable unless it is expressly made irrevocable. That distinction matters because a revocable trust typically does not provide the same asset-protection/benefits-planning effect people are looking for when they ask about “protecting the house.” See 20 Pa.C.S. § 7752.

If your concern is long-term care costs or Medicaid planning, you may also want to read: Lady Bird deeds and Medicaid planning in Pennsylvania and Medicaid hardship waivers and estate recovery.

Why You Should Speak with an Attorney

While the statutes provide the framework for valid trusts, using an irrevocable trust to “protect the house” is one of those areas where the details control the outcome. Legal results often depend on:

• Strict Rules About “Irrevocable” Terms: If the trust language doesn’t clearly make it irrevocable (or leaves your mom too much control), it may not accomplish the protection you intended. Pennsylvania’s default rule is that a trust is revocable unless the terms say it is irrevocable. (20 Pa.C.S. § 7752)
• Burden of Proof and Documentation: The trust must meet the statutory creation requirements (capacity, signed writing, trustee duties, definite beneficiaries, etc.), and the home must be transferred correctly into the trust. A defect in the document or the transfer can create title problems later. (20 Pa.C.S. § 7732)
• Benefits, Tax, and Family-Risk Tradeoffs: An irrevocable trust can affect property tax reassessments, capital gains planning, inheritance tax exposure, eligibility for needs-based benefits, and who controls the property if your mom later needs to sell or move. It can also create conflict if siblings disagree or if the chosen trustee can’t serve.

In practice, people run into trouble when they try to “just get a trust online” and later learn the deed, trustee powers, or beneficiary structure didn’t match the goal (or created unintended consequences). A Pennsylvania probate/estate attorney can tailor the trust terms, coordinate the deed transfer, and align the plan with your mom’s health, finances, and family dynamics.

For a broader overview, you may also find this helpful: setting up a trust to protect assets in Pennsylvania.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.