Legal Question in Wills and Trusts in New Jersey
My mother was diagnosed with Alzheimer's in Feb. 2011 and may have to go into a nursing home. Two years ago she signed over the deed to her summer home to me and my 2 siblings so we could get a mortgage because the property was falling apart. Her primary residence has a reverse mortgage and no equity. We are now told, by a seniors consultant, that she will not be able to enter a nursing home because it has been less than 5 yrs since she gave us the home and we should give it back to her, sell it, and use the money for an assisted living facility since my mother doesn't have any assets and cannot afford an assisted living or a nursing home unless medicaid pays for the SNF. This is in NJ.
1 Answer from Attorneys
Check with an elder law attorney. I'm not familiar with those issues, but I think that she CAN enter the nursing home, but will not be eligible for Medicaid or other government entitlement assistance to pay for the nursing home fees.
Before you do any transfer of the property, make sure that the transfer won't further complicate things.
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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