West Berlin, NJ Estate Planning Law Firms & Lawyers

You should definitely speak to someone about this transaction.  By putting the house in your name, you might be able to do some Medicaid planning, provided that your in-laws live in the house with you for at least two years prior to them needing Medicaid.  there is a section of the federal law that would allow for the house to be exempted, but it is a bit too complicated to explain here.  If you are in monmouth or Ocean counties, call my office.  Thoerwise,  look for someone who is a Certified Elder Law Attorney (CELA) who can explain the real estate, taxation, and Medicaid sides to this transaction. 

The first question to ask is whether or not she was entitled to this check from disability.  By this I mean, was she receiving monthly payments and this is another monthly payment?  And you are sure that disability is not going to say "Sorry - the check was sent in error before we knew she passed - pay it back?"  Becuase that happens sometimes.  Social Security and pension checks often arrived after the person has passed, and then are cashed or deposited, but then need to be paid back.  If the check you are talking about is not a monthly check, but is instead sometype of death benefit, then you will need to become the administrator of her estate.  Go to the surrogate's office of the county in which you live. The clerks there will be able to help you.  If you are in Monmouth or Ocean Counties and need further assistance, please feel free to call. 

It does not make him the sole heir of the vehicle.  He is entitled to be reimbursed for the payments that he made, but the remaining equity in the vehicle is an estate asset.  IF the car is sold, he should pay himself back what he paid, and then divide the remaining balance.