Legal Question in Wills and Trusts in New Jersey

Should my widowed mom put her home in my name to avoid taxes and red tape after her passing ? She is 81.


Asked on 7/19/12, 5:44 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Most likely, no. There are many reasons to not do that, and probably only a few that it would be advisable.

She should definitely have a Will, Power of Attorney, and Advance Health Care Directive and Health Care Power of Attorney.

SHE should see an Elder Law lawyer - they are specially certified and experienced to help older people make decisions like this and other long term planning.

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 7/19/12, 9:21 am
Walter LeVine Walter D. LeVine, Esq.

Miriam may be right, although there may be reasons for doing it this way - by adding your name to the Deed, not making you the absolute owner. More information is needed, such as house value, mortgage (if any), health status of you and Mom, number of other children (if any), etc. There are more ways to consider doing this, so a lawyer should be consulted.

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Answered on 7/19/12, 2:11 pm


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