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New Jersey Elder Law Questions & Answers
0 Answers | Asked in Elder Law and Estate Planning for New Jersey on
Q: need will or trust to keep son from taking dads home

39, no job, no car, no degree, no friends, in therapy

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I want to know if I can gift my car and IRA account to my disabled child without a penalty from medicaid.

I read that this is possible and would like to know how to do it.

Nina Whitehurst
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answered on Feb 21, 2024

The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.

The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a...
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1 Answer | Asked in Elder Law for New Jersey on
Q: Can someone please explain Force Heirs financial division in Puerto Rico Law.

The land is value 35,000. Owned by Decease Spouse (let's call him Joe) and previous wife (let's call her Linda). Linda dies and Joe remarries (let's call her helen, still alive). Joe from previous marriage has 2 boys and from second marriage has 1. Joe now dies, how is the land... View More

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2024

Attorneys who practice in Puerto Rico would have insight into this, but your question remains open for two weeks. It probably went unnoticed under New Jersey. Some questions here do go unanswered, but you could try reposting under Puerto Rico. On the list of states, click "Show More... View More

1 Answer | Asked in Estate Planning, Collections, Elder Law and Probate for New Jersey on
Q: In NJ, my dad passed away having credit card debt. There was no co-ownership/joint owners with the credit cards.

We were unaware of him having credit cards nor have any evidence of credit cards until the bills and calls started rolling in. My dad did not have bank accounts in his own name. Whatever was jointly owned has been transferred through the right of survivorship to his wife. How can we pay for this... View More

Anthony M. Avery
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answered on Dec 8, 2023

Consult with a NJ attorney. But try to avoid Probate as that will attract the creditors. It is not the Spouse's debt, but sometimes the Spouse can be held liable for necessities. Again, avoid Probate, and see if any exemption statutes protect her.

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Q: My brother is the executor of my mother’s estate and after 4 months has not listed the 3 rental home what can I do

He has not give a full accounting of the estate yet and has not distribute so bonds she brought for grandchildren with their name on bond

Morris Leo Greb
Morris Leo Greb
answered on Aug 9, 2023

Your question raises a number of serious issues. I believe the best avenue to take to resolve the questions you have is to speak to an attorney with Estate and litigation experience.

1 Answer | Asked in Elder Law and Landlord - Tenant for New Jersey on
Q: Are texts using accusatory language like you are filthy pig and Moron considered harassment as well as lies as responses

I am a senior, 76, and left my former apartment clean. I have witnesses as well as pictures. But in order to deduct from the return of my security deposit my former landlord is maligning me.

T. Augustus Claus
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answered on Aug 3, 2023

In New Jersey, using accusatory language and making false statements in texts could potentially be considered harassment, especially if the communication is persistent, unwanted, and intended to cause distress or harm to the recipient.

1 Answer | Asked in Personal Injury and Elder Law for New Jersey on
Q: Elderly mom fell walking into restaurant with a high step. The yellow warning is hard to see cause they keep door closed

Moms whole body hurts as it’s the next day. Don’t know if she has a case because the sign IS right on the high step as you walk into restaurant. The problem is that they keep the door closed which makes it hard to see the sign and react fast enough to notice and not fall since you have to look... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 24, 2023

Since most accident/injury lawyers customarily will provide you a free initial consultation, my recommendation is that you contact a few of them in the area you live and sit down with them and discuss the specifics of your case and then decide how to proceed thereafter. Good luck.

1 Answer | Asked in Elder Law and Probate for New Jersey on
Q: Mom and I are on the mortgage & the deed to a house. I am the co-signer. She left me the house in her will.

If she has credit card debt, will they make me pay them or make me sell the house to pay them if she has no money to pay them off?

Morris Leo Greb
Morris Leo Greb
answered on Feb 26, 2023

If you did not sign the credit application for the issuance of the card you are not responsible for the debt. The credit company can sue the Estate. Whether or not, they will have a lien against the property will depend whether you were tenants in common or joint tenants with rights of... View More

1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: Office of the Public Guardian for Elderly Adults in NJ is my mom’s guardian. I don’t want this. How can I change it?
Richard Diamond
Richard Diamond
answered on Jan 31, 2023

The Office of the Public Guardian (OPG) is designed to act as a surrogate decision-maker for residents of our state who are 60 years old and over, who have been deemed incapacitated by a superior court judge. When a judge deems someone incompetent to handle his / her affairs, the court then... View More

2 Answers | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: NJ: 92 y.o. mom asking for legal document stating my husband & I are NOT RESPONSIBLE for paying her debt/medical bills

In New Jersey: 92 year old mom asking for legal document stating my husband & I (we are both over 55) are NOT RESPONSIBLE for paying ANY of her debt, bills, medical bills, nursing home bills, etc. Nor will we participate in some kind of "Trust" she is setting up. Oldest brother is... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 12, 2022

You will be responsible for all debts incurred by your mother if you signed as a co-applicant when your mother applied for credit cards. You will also be responsible for all credit extended for which you cosigned. In addition you along with siblings may be responsible for debts incurred if your... View More

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1 Answer | Asked in Elder Law and Estate Planning for New Jersey on
Q: My mother in law died over a year ago. Her estate was insolvent- she owed much more in debts than she had in assets.

My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... View More

Morris Leo Greb
Morris Leo Greb
answered on Sep 27, 2022

Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in... View More

2 Answers | Asked in Elder Law and Landlord - Tenant for New Jersey on
Q: how to protect the elder landlady from the son's general power of attorney abuse?

My landlady made his son as an agent(POA), but he puts the elderly landlady at risk by implementing illegal actions of eviction. How can I protect my landlady from being held accountable for his son's wrongdoings?

Morris Leo Greb
Morris Leo Greb
answered on Aug 5, 2022

There is no easy answer to an outsider stepping in the help a perceived problem. If you believe that there is physical or mental abuse, I would suggest is that you contact the local police for a wellness check.

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1 Answer | Asked in Elder Law for New Jersey on
Q: we are selling our co-op and buying a home with our daughter .If we put mine and my husbands name and hers on deed if

One or both of us go to nursing home can they take her house

Leonard R. Boyer
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answered on Jun 1, 2022

This a bad move, do not do this or you will deeply regret it. Your daughter is the only one whose name that should be on the deed. Anything else is senseless.

2 Answers | Asked in Estate Planning and Elder Law for New Jersey on
Q: What is the benefits or disadvantages of will compared to a trust

My mom is 90 years old and she has a will. I keep on telling her I think she should get a trust, I think it’s called a living trust. She has six children and everything is to be divided equally. Is a will sufficient

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 16, 2022

The honest answer is that a good Will is all the most people need. Why? A properly drafted living trust generally costs several times what a Will generally costs upfront and over your lifetime. Thus, the reason you will see most poor and middle class people use Wills and many of the Rich will... View More

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1 Answer | Asked in Consumer Law and Elder Law for New Jersey on
Q: What is NJ law concerning return of new unused google play gift card purchased from Michaels during scam on 2/19/22?

GooglePlay gift cards worth $500 purchased at Michaels, Deptford, NJ. realized scam on 2/19/22; tried to return on 2/21/22; store mgr said policy is no return. Left message with fraud control at Michaels corp; no response to date. I will be 80 on 4/14/42. am I a "protected citizen?"

Leonard R. Boyer
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answered on Mar 5, 2022

There really is no cost effective solution. Try to contact the county prosecutor and the N.J. Dept of Consumer Affairs. Good luck.

2 Answers | Asked in Elder Law, Family Law and Estate Planning for New Jersey on
Q: My father (71) owns a home in Nj. How to start getting his paperwork ready in case of death. He lives in NJ I live in Fl
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 19, 2022

You should have your father call one of us lawyers to draft a will for him.

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1 Answer | Asked in Banking, Criminal Law, Elder Law and Federal Crimes for New Jersey on
Q: selling bitcoin for cash or cashiers cheque is legal in usa . the payments were received from 3 rd party

the cashiers cheques received were from individuals, who I did not know .

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 9, 2022

Not necessarily, but more information is needed to answer your question. I suggest that you setup a consultation with a business cybersecurity internet lawyer. That being said this could be a scam. Expect the lawyer to charge you a fee for the advise.

1 Answer | Asked in Medical Malpractice and Elder Law for New Jersey on
Q: Who legally is medical P.O.A. for my dying mother? No legal paperwork has been done. I'm oldest of 4 girls

Mother is now brain dead and end of life questions have arose. My 2nd sister is insisting she makes all choices, cause she lives closest. She has been telling doctors what to do next without speaking to any of us. Hospital will not even except my calls, cause 2nd sister has lied and said shes POA.... View More

Richard Diamond
Richard Diamond
answered on Jan 26, 2022

I am terribly sorry to hear about your mother's condition and that you and your sister are fighting over how to handle your mother's current condition peacefully.

As to a power of attorney, I would be shocked (take a breath), if your sister was able to simply tell the hospital...
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1 Answer | Asked in Elder Law for New Jersey on
Q: my mother needs to go to a nursing home.

if medicaid sees that her house was transfered to me (son) within the previous 5 yrs do i have to give medicaid the house in order for her to be admitted to a nursing home with out delay ?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 26, 2021

Most states allow a give back of property (in certain contexts called a "penalty cure") by the kids to the parents. So no, they will not seize the house.

If you received the house from her recently, a give back may be the best thing. However, if she "otherwise...
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