New Jersey Elder Legal Questions

You need to file a guardianship action in the county in whcih your mother lives.  You will need to get a Certified Elder Law Attorney to help you becuase this case will get complicated.  You also have to evaluate whether or not it makes financial sense to go after your sister.  If she has no assets to pay back the money she took, then you could be worse off than when you started due to attorney's fees. ... Read More

You might be able to disclaim the inheritence and have it pass to you and your siblings, if any.  You should contact the attorney working for the estate and see if a disclaimer is possible.  There are certain rules to be able to disclaim, like timing and whoo the asset passes to after disclaiming. ... Read More

There is no such thing as New Jersey probate tax.   If you have out of state property, you might consider putting it into a trust to avoid having to go through probate in the state where the property is located, but there is no NJ probate tax.  There have been some changes to the New Jersey estate taxes, and if you are leavling assets to a more distant relative or someone not related to you, there might be inheritance taxes.  ... Read More

You need to consult with an Elder Law attorney.  I'm in New Jersey and don't know California law.  However, most states has rules that prevent you from transferring a person's assets out of their name, and then asking for assistance with medical costs.  In New Jersey there is a five year look back rule - anything transferred within five years of applying for Medicaid can make the applicant ineligible to receive benefits - in other words there is a penalty.  You are going to want to proceed with caution. ... Read More

If the house is owned by you - I don't know how anyone could put a lien on the house unless you signed for whatever debt mom is incurring.  The Caretaker Child exemption becomes important in getting a person Medicaid eligible.  If there was a gap between eligibility transfer of the house, and Medicaid, your mom might be responsible for those costs.  But still, I don't know how a lien was imposed with out a judgment or some other court proceeding. ... Read More

It depends on why you want to move them.  If its because they can't live alone, that they are a danger to themselves or to others, you should contact Adult Protective Services through the County Board of Social Services and ask for assistance.  Not everyone who can't live alone has to be moved out of their home.  ... Read More

If your mother dies, a new guardian has to be appointed for your sister.  The procedure is not as difficult, because the first time your sister had to be found to be incompetent, and then a guardian appointed.  This time, all that will be necessary is the appointment of a substitute guardian.  You can do it now, appoint a co-guadian, so that if something happens to your mother someone is already available.  ... Read More

Disability as that term is used by Social Security is soemthing that prevents you from working.  If you receive permanent disability, and then reach age 65 or retirement age, you then receive Social Security.  Social Security disability is like disability insurance that is designed to replace income.  Social Security is a retirement benefit.  Its not as if you get social Security disability because you are too old to work.... Read More

Your wife would not have t pay money back, but will have to prove that the money given was used for her care. In order for her to become eligible to receive Medicaid, there can't be any gifts to any family members.  The money paid to your wife appears to be a gift so you have to prove it was not.  ... Read More

If you are her POwer of Attorney you could try doing a prepaid funeral that would include cremation.  Unfortunately, the cremation service may still want to see either consent of your siblings, or that your mother had appointed you as her funeral representative.  There is a form that she could sign giving you the authority to arrange for the cremation, if she was capable of signing.  You only have to use the following langauge:   "I hereby nominate, constitute and appoint [insert name] to serve as my Funeral and Disposition Representative, pursuant to P.L. 2003, c. 261. My Representative shall have the authority and power to control the arrangements for my funeral and the disposition of my remains. My Executor shall notify my Representative of this appointment, and shall advise my Representative of the financial means available to carry out the Funeral and Disposition arrangements. In the event [insert name] should predecease me or for some other reason not qualify to serve as my Funeral and Disposition Representative, then I nominate, constitute and appoint [insert name of alternate] as my Funeral and Disposition Representative.” ... Read More

I think you will have an option to pay th etaxes due on the lottery winnings at the time you accept payment.  If that option is available, then you may not have to claim the winning as income.  If you do have to claim it, you wlll pay the taxes one time from the lottery winnings and then not have to pay the following year. ... Read More

yes - unfortunately, but is not as if someone or some agency "goes after" any of the money.  what happens is that a certain amount of the couple's assets are required to be used for the person's care.  there are certain assets that are not included, and the spouse who is still in the community gets to keep a certain amount, but the assets must be used for care, and when those assets run out then the person becomes eligible for Medicaid.... Read More

If you marry - your assets will be viewed jointly.  If you have assets and gift them to your children, or into a trust, there is a five year look back for that money.  There are certain advantages and disadvantages to each option of marrying or not marrying and you should explore all of them before making a decision.... Read More

You need to be very careful in this sale. If at some point your mother runs out of assets and requires Medicaid, she will not be eligible unless your brother has paid fair market value for the house.  If he does not, the sale may cause your mother to be ineligible for Medicaid, or for a penalty period to be imposed.  You should have him pay the fair market value.... Read More

Yes - there is a legal amount, and you should have an agreement for same also.  You should contact your local board of Social Services in the county in which you live and ask about a Medicaid Care Agreement.  You can get paid the "going rate" for that county pursuant to the agreement. ... Read More