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Monmouth County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Monmouth County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Monmouth County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 30 Linden Pl., Red Bank, NJ 07701

  • Belmar, NJ 07719

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  • 112 Main St., Allenhurst, NJ 07711-1131

  • 198 U.S. Highway 9 N., Ste. 104, Manalapan, NJ 07726

  • 27 West St., Ste. 2, Red Bank, NJ 07701

  • 215 Gordon's Corner Rd., Ste. 2 B, Manalapan, NJ 07726

  • 36 Main St., Freehold, NJ 07728

  • 107 Monmouth Rd., Ste. 103, West Long Branch, NJ 07764-1021

  • 1305 S. Roller Rd., Ocean, NJ 07712

  • 1500 Allairie Ave., Ste. 101, Asbury Park, NJ 07712

  • 2137 State Highway 35, 3rd Floor, Holmdel, NJ 07733

  • 517 5th Avenue, Belmar, NJ 07719-2112

  • Spring Lake, NJ 07762-0052

  • 800 The Plz., Ste. 9, Sea Girt, NJ 08750-2900

  • 35 Court St., Freehold, NJ 07728

  • 331 Newman Springs Road, Building 1, 4th Floor, Suite 143, Red Bank, NJ 07701

  • 66 Reckless Pl., Red Bank, NJ 07701-1704

  • 2150 Highway 35, Brook 35 Plaza, Sea Girt, NJ 08750

  • 2150 Hwy. 35, Ste. 250, Sea Girt, NJ 08750-1012

  • 163 Burlington Path Road, Suite K, Cream Ridge, NJ 08514

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

I have a 5 year old quit claim deed, signed and notorized, but not yet recorded...Does Medicaid Look Back start on the date the deed was notarized...

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
A deed has no legal effect until it is delivered.  Recording is the best evidence of recording.  If the recording date falls withing the 60 month Medicaid lookback period, the transfer might well be seen as a transfer for less than fair market value in an attempt to qualify for Medicaid. Please also note that in most states a quitclaim deed does not transfer title.  It is merely a public acknowledgement of an agreement to quit making whatever claim the maker may have to land, often to an easement over land.
A deed has no legal effect until it is delivered.  Recording is the best evidence of recording.  If the recording date falls withing the 60 month Medicaid lookback period, the transfer might well be seen as a transfer for less than fair market value in an attempt to qualify for Medicaid. Please also note that in most states a quitclaim deed does not transfer title.  It is merely a public acknowledgement of an agreement to quit making whatever claim the maker may have to land, often to an easement over land.
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In NJ can an executor grant a durable power of attorney to his sibling to assist in handling the estate matters?

Answered by attorney Diana L. Anderson
Estate Planning lawyer at Diana L. Anderson
Yes !  the banks may have an issue with this - but be insistent.  I do it all the time for my clients.  as the Executor you will still need to sign tax returns, contracts, etc. but the more administrative tasks, such as going to the bank, can be done by someone else via your POA.  The bank will most likely not let you pull all of the money out of the account until you either pay estate/inheritance taxes, or prove no taxes are due by obtaining a waiver. 
Yes !  the banks may have an issue with this - but be insistent.  I do it all the time for my clients.  as the Executor you will still need to sign tax returns, contracts, etc. but the more administrative tasks, such as going to the bank, can be done by someone else via your POA.  The bank will most likely not let you pull all of the money out of the account until you either pay estate/inheritance taxes, or prove no taxes are due by obtaining a waiver. 
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Must a POA disclose financial info to family memebers

Answered by attorney Diana L. Anderson
Estate Planning lawyer at Diana L. Anderson
Maybe - it depends on what the end result is.  If the person dies, and another person takes over as the Executor of the estate, then the executor may ask for an accounting of what the POA was used for.  It doesn't necessarily need to be disclosed unless someone asks for it. 
Maybe - it depends on what the end result is.  If the person dies, and another person takes over as the Executor of the estate, then the executor may ask for an accounting of what the POA was used for.  It doesn't necessarily need to be disclosed unless someone asks for it. 
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