Swartswood, NJ Estate Planning Law Firms & Lawyers

First you have to look at the total value of the estate.  Estate tax is imposed on estates with a total value over $675,000.  You look at all of the assets in the estate and then deduct certain costs and expenses like funeral costs, attorney's fees, etc.  If the total amount remaining after the deductions is over $675,000 then you will pay tax.  If you become a joint owner of the house, then when you sell it you will pay capital gains tax on the difference between the sales price and the price your mother bought the house for in the 1980.  Balancing those two taxes out, I would say leave the house in mom's name and pay the estate tax - its less than you will pay in capital gains.  You will not pay inheritance taxes because you are Class A beneficiaries as children of the decedent.  

This is an estate planning issue and healthcare issue since your concern has to do with the "look back" by the healthcare proviiders to see if they can come after the equity in your home for payment of his healthcare costs. To answer this type of question, you need to sit down with a lawyer experienced in these type of inquires. If you would like to schedule a consultation with one of the lawyers in our firm to discuss it, please feel free to call us or search on line for lawyers with estate planning and family law experience. 

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.