QUESTION

life estate

Asked on Feb 22nd, 2014 on Elder Law - New Jersey
More details to this question:
2yrs ago our lawyer told us in order to protect moms money, take it out of the bank and by a house in her name and then in two yrs of us living and caring for mom (dr. says she needs 24 hr care in which we provide) we then can take ownership of the home...? from what I've been reading, it don't seem right..is it? how long must before we can get house in our name? not that it matters, I just want to see if he is right or wrong. thanks. steve
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
The house can become yours under the exception to the law known as the "Caretaker Child".  you have to be living your mom's home and providing care for her that is a high level of care and without the care she would have needed to go into a nursing home.  the care cannot be that you drive her to doctor's appointments and do the shopping - you have to keep detailed records of the level of care provided:  meal preparation, medications, bathing, socialization, etc.  Everything that you do.  this is an exception to the Medicaid law. 
Answered on Feb 24th, 2014 at 1:29 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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