Rosenhayn, NJ Estate Planning Law Firms & Lawyers

There is no estate tax between husband and wife so no estate tax return would have to be filed.  I'm not sure why you are concerned about who gets what share if both spouses are dead.  Were the wills of each person different?  Is the disposition different?  Or is the concern did the whole house pass to the surviving spouse, and then the surviving spouse's will governs what happens to the house?  If you have more information, please feel free to call.  

There is no single "best" way.  A solution fo ryou would involve looking at all of your assets, long term care insuance, your family history and many other factors.  As a Certified Elder Law Attorney my goal is to make sure you have sufficient assets under your own control to pay for the care you need. Long term care doesn't "take" your assets - you have to pay for the care that you receive, and if your assets run out and you still need care, then the care wil be provided by Medicaid.  We can minimize taxation and/or take maximum advantage of tax credits by using credit shelter wills, and various types of trusts.