QUESTION

will my daughter have to go through probate once I pass if I buy a car while on medicaid for medical transportation?

Asked on Nov 09th, 2012 on Medicare and Medicaid - New Jersey
More details to this question:
my car needs a lot of repairs. I need to buy another car as I need to get to the doctors and social day care. If I buy another car I was going to put the car in both our names. But if medicaid takes the car I'm afraid my daughter will have to pay for a car she does not have , when I pass. Should I put the car in just my name and will it to my daughter when I pass ? Does that help so my daughter gets to keep the car and avoid probate? Or will medicaid take it anyway even if there is a loan on it?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If you put the car in your will it is an estate asset that medicaid can attach after you pass.  If you put the car in joint names, it will just pass directly to her without a will and without probate. 
Answered on Nov 10th, 2012 at 8:14 AM

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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