Legal Question in Elder Law in New Jersey

joint bank accounts

My mother (age 79) and myself (age 57) have a joint checking and savings acct in NJ. If my mother is placed in a nursing home in either NJ or PA would the entire bank acct balance go to the nursing home or would only her half?


Asked on 10/08/08, 6:58 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: joint bank accounts

You asked about a joint checking account and Medicare.

Generally assets that are jointly legitimately owned are exempt from attachment in connection with Medicare. If the account is very large and your name was recently added then you can expect a fight. If the account is longstanding and you use it for your regular personal business then you have claim to the entire proceeds in that account.

In some cases a claim can be levied against an asset fashioned as a lien, such as real property legitimately held in certain types of arrangements. The lien would secure the garnished portion and would only be payable for the portion of the person's value upon sale or transfer of the entire property.

Regards,

Roger

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Answered on 10/08/08, 10:50 am


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