Legal Question in Elder Law in New Jersey

my father died two months ago and my mother now lives with me and my wife in new jersey. my mother has been diagnosed with the early stages of altimers and might have to go into a home . she has a house for sale and would have to initially go into a home on medicaid. if the house sold would all the money have to go to the nursing home? should in see a elder lawyer before the house sells or

after?or do i need to see a lawyer at all ?


Asked on 11/30/09, 10:39 pm

1 Answer from Attorneys

Rosemary Simon Hoyle Law, LLC

Medicaid is the payor of last resort. As such, proceeds from the sale of your mother's home would be used to pay for her nursing home costs, before she can be eligible for Medicaid. That being said, there are expenditures for your mother's benefit that may accelerate your mother's eligibility for Medicaid. For instance, an irrevocable pre-paid funeral.

Obtaining Medicaid can be extremely complex. The sooner you consult with an attorney experienced in the field, the better.

Good luck.

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Answered on 12/07/09, 10:26 am


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