Legal Question in Wills and Trusts in New Jersey

We have a 34 year old disabled (mentally retarded) daughter and since we are in our 70's and find it difficult to care for her are looking for a place for her to live on her own. We live in south Jersey where there are a lot of senior developments that are age restricted but the homes are small and affordabel. Can we purchase one of these homes for our daughter and put it in a trust so she can live there after we are gone and when she turns 55 let the house become hers? Another option would to put it in a trust for a someone we trust that is near 55.


Asked on 8/18/10, 6:43 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You cannot get an answer to your very important question from this or any other list. Planning for a mentally incapacitated [adult] child requires consideration of many issues, including also the impact that your planning will have on your own needs as you age.

Before investing in any property or trust from "trust" makers, consult a lawyer who is very experienced in elder and disability law, so that your and your daughter's needs will be properly served.

If you taken any action without proper advice, you risk making your daughter as well as yourselves ineligible for benefits and rights that each of you may have.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/23/10, 7:24 am


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