I’m leaving my estate to my caregiver. Can my family fight it?
Today 9:30 PM Planning
And it could happen.
Third parties may be able to challenge powers of attorney or living wills on the grounds that the principal the person who appointed an attorney-in-fact or agent was mentally incapacitated when the document was signed, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.
In addition, she said, third parties may be able to challenge a power of attorney on the grounds that the agent abused his or her authority.
Finally, a power of attorney and living will can be challenged on the grounds that the documents were not executed properly, Whitenack said.
Who gets this house after spouse dies with no will?
Today 9:30 PM Widow
A. We’re sorry to hear of your loss.
When a person dies without a will, the state laws of intestacy govern the distribution of the estate.
But the laws of intestacy do not control the distribution of assets that were jointly owned with a right of survivorship or that have a beneficiary designation, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.
“If the house was jointly owned as husband and wife with a right of survivorship, then the other spouse solely owns the entire house by operation of law upon the death of the first spouse and the stepchildren do not have any right to the proceeds of the sale of the house,” she said.
Can Medicaid take money from a death settlement?
Updated 9:30 PM;
Q. Can Medicaid take a settlement from family members of a deceased 28-year-old in New Jersey who was quadriplegic and in a nursing home for a portion of his disabled years? There is no lawsuit settlement yet, but may be in the next few years. Hopeful
A. It depends.
There are two types of claims for death caused by a third party due to negligence or other wrongful conduct.
One is a survival action that is brought to recover damages to the deceased person, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.
What are the pros and cons of transferring a home’s title?
Updated 9:30 PM;
Q. What are the advantages and disadvantages of a parent transferring the title of a home to a child? The parent is 90 and has a will giving the home to the child. It was purchased 20 years ago for $300,000 and is now worth $400,000. The child stays there from time to time to care for the parent but does not live there. Other assets are less than $1 million. Homeowner
A. There are two main reasons why parents want to transfer their home to their children.
First, they believe they can protect the house in the event that the parent needs to move to a nursing home. Second, they want to avoid probate.
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