Legal Question in Wills and Trusts in New Jersey
Execution of will prior to entering nursing home
Are there restrictions concerning the execution of a will prior to an elderly person entering a nursing home? Can a will which contains provisions concerning real property be entered into less than 3 years before a person enters a nursing home?
Asked on 4/07/99, 11:04 am
1 Answer from Attorneys
Dale Lundquist
(Solo)
Execution of will prior to entering nursing home
No, as long as the testator (person signing the Will) is legally competent. What you must be careful of is ACTUAL transfer of assets prior to applying for Medicaid benefits for nursing home care. Please con sult with an Elder law attorney as this is a very technical area of the law but there are often things that can be done to protect oneself.
Dale Lundquist
(Solo)
488 Glassboro Road P.O. Box 104
Answered on 4/09/99, 10:25 pm
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