Legal Question in Wills and Trusts in New Jersey

I live in my mothers house and have been here for 35 years and have paid everything to maintain the property including taxes and improvements. Do I have any legal claim since she may have to be placed in a nursing home since she is 92 and now has dementia and the deed is still in her name.


Asked on 2/22/12, 11:17 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Possibly, if what you paid was more than a reasonable rent. I suggest you possibly should have a new Deed done ASAP, turning over the house to you (reserving a life estate to Mom) and show or mention that you paid for this by paying bills over the years. I also suggest you save all cancelled checks and bills to verify what you have paid. You might need them to contest a claim if Medicaid becomes involved. This is a reply to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 2/22/12, 4:19 pm
Miriam Jacobson Retired from practice of law

If your mother already has dementia and is mentally incapacitated, she is not legally capable of deeding the property or doing just about anything else with her property.

Mr. LeVine is correct in advising you to save all cancelled checks and bills and other records to verify what you have paid.

Financial disclosure documents listing all of your mother's assets would have to be completed for entry to a nursing home.

You should consult an elder law attorney to advise you what the options are and if any Medicaid planning may be done at this time..

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 2/22/12, 8:53 pm


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