Legal Question in Real Estate Law in New Jersey

Re: assignment of turue interest

Your inquiry is convoluted. I see you are trying to do some Medicare planning, with some divorce problems attached. I strongly suggest you hire a local lawfirm which can handle both aspects, and get some solid advice. This bulletin board is no place for your inquiry.

I do divorce; my partner does estate planning. If you are in Northern NJ, please contact me.

Re: assignment of turue interest

Son can do with his remainder interest as he pleases, subject to Mom's life estate. I am not sure if the life estate has any Mediciad ramifications, and this should be verified with a competent elder law/Medicaid attorney. My belief is that it does not. As to the questions about putting the spouse on the new Deed, in light of potential matrimonial matters, requires some thought. It can be done, but has to be carefully drawn (it may even require some secondary agreement between the spouses). My concerns are that the property was gifted by the son's mom, which gives limited rights to the wife if she is not on the Deed (she gets a life estate if the home is the marital residence at husband's death). You do not provide information as to whether or not there are children of the couple, only that the wife has children from a prior marriage. Likewise, you do not provide information on the state of the current marriage. If the wife is not on the Deed and there is a divorce, she has no rights to the house as equitable distribution. However, there may be some collateral responsibility when the issue of alimony and support are dealt with. This should be discussed with a matrimonial attorney. You do not indicate what you desire to do if you are married at your date of death, you do or do not have children with your wife, and what you desire to do if you have none and the only children are from her first marriage. More facts are needed to give you better suggestions.