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Roger, Attorney
Category: Legal
Satisfied Customers: 31735
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In the state of new jersey, can deed to my home in a

Customer Question

in the state of new jersey, can deed to my home in a retirement community be in my childrens name to avoid medicaid claiming it if i need a nursing home?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, this is legally possible AS LONG AS your community's bylaws or restrictive covenants don't require you to own the property you occupy or require a minimum age for the owner to be or prohibit rentals, etc. Thus, you should check on those issues with your association and determine if there is any restriction.

Expert:  Roger replied 1 year ago.

IF your community rules do not prohibit your children owning the property, there is still a 5 year look-back period for MEDICAID. This means that you'd have to transfer title and wait at least 5 years before applying for Medicaid in order to completely protect your property. If you apply before that time period expires, Medicaid could deny benefits until you cover the costs of your medical care equal to the value of the house.

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!