Legal Question in Real Estate Law in New Jersey

My friend's home that he inherited from an aunt,was destroyed by the recent hurricane.In applying for aide,he found out the deed was never properly transferred or the county lost it.He has paid the taxes since 1985.His aunt's will listed his father as inheriting the home,but it was her wish for him to have it.His father passed away 2 months ago,and his will leaves everything to his mother.His mother is now dying, and is in Hospice care.They want her to apply for Medicaid benefits for her remaining days.Is there any way to protect his shore home from being taken?What type of lawyer does he need to consult?He is trying to get power of attorney now before she goes on Morphine and he is Executor of her will,but she was Executor of the dad's.


Asked on 3/27/13, 2:19 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If your friend's aunt did not leave the home to your friend, he did not inherit it.

Both his father's estate and his mother's estate will have to be probated. His mother would not be able to give a power of attorney, depending on her mental capacity, and if she does not already have a will, she would also not be able to make one now. Giving a power of attorney at this point, even if she is able, does not permit him to act once she dies. Also, actions he would take now on her behalf could disqualify her from receiving Medicaid.

If your friend's mother already has a will, and he is the executor, he will be able to administer her estate, but he or someone else will have to apply to administer the father's estate, so that father's assets become part of mother's estate.

Estates are administered through the Surrogate's office of the County where a deceased resided at the time of death.

If a person receives Medicaid benefits, they may not be eligible for those benefits based on their assets. Transferring assets at this point dill not make them eligible.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 3/28/13, 9:21 am


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