Legal Question in Real Estate Law in New Jersey

If your friend's aunt did not leave the home to your friend, he did not inherit it.

Both his father's estate and his mother's estate will have to be probated. His mother would not be able to give a power of attorney, depending on her mental capacity, and if she does not already have a will, she would also not be able to make one now. Giving a power of attorney at this point, even if she is able, does not permit him to act once she dies. Also, actions he would take now on her behalf could disqualify her from receiving Medicaid.

If your friend's mother already has a will, and he is the executor, he will be able to administer her estate, but he or someone else will have to apply to administer the father's estate, so that father's assets become part of mother's estate.

Estates are administered through the Surrogate's office of the County where a deceased resided at the time of death.

If a person receives Medicaid benefits, they may not be eligible for those benefits based on their assets. Transferring assets at this point dill not make them eligible.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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