Legal Question in Real Estate Law in New Jersey

Re: Transfer Title

Be very careful here. You use the term Medicare but you may mean Medicaid. The two are completely different. Also, transferring a house now, especially if it is currently owned with his wife might be the worst thing he can do.

It is impossible to answer your questions without sitting down with an attorney familiar with Medicaid and Disability law, providing him or her with all the facts and learning what your options are.

You can call the Lawyer Referral Service in your County and they can give you the names of several attorneys who handle these matters. The cost of a consultation could make the difference in whether or not you can save the house and preserve other rights you might have.

Re: Transfer Title

I agree, in general with Dale, but also call your attention to the following. Since he is not yet institutionalized, he must be on Medicare, not Medicaid. Were there to be a need in the future for him to receive care outside the home, which might involve obtaining Medicaid benefits (usually covering nursing homes), there could be ramifications, not only of how the home is owned, but its risk of having a Medicaid lien imposed, which could thwart his intentions. There are also tax ramifications involved. Plus, you make no reference to other assets he and/or his wife may have, which also bear on a proper answer and proper planning. Also, you do not mention the ages of the children. All of this information goes into the formula of what and how things should be done. I concur that he and his wife need to meet with an Elder Law/ Medicaid specialist to review his situation and develop a proper plan, for now and for the future.