The wording of your question wasn't clear. I believe you're saying the person died without a will (intestate). You said something about "will was written on after they died" - do you mean there were scribbles or notations on a properly executed will, or some form of will was written after the decedent died (and then of course not executed?)
The intestecy statute talks about how to distribute property if there's no will, or if it is not disposed of in a will. it generally goes to the nearest...
you can disclaim within 9 months and the property will go to wherever it says in the will had you predeceased your uncle. you can't disclaim and then direct the property to charity or anywhere else - with a disclaimer, you essentially predeceased the distribution. unless the will says it goes to charity if you predecease, the only way to make it happen would be to stick around to the bitter end, get the house, and then donate.
Anything spent on the Elder for their benefit at fair market value is an exempt transfer.
If you're trying to go the Medicaid route alone you may be in for a world of pain - I highly recommend you contact me or a peer which can save you significant money - there is a reason they call it the "Medicaid Maze"
If you nee someone local to Atlantic City, then Michael Weinraub is an excellent attorney, though I'd like to think I'm "up there" as well.
You CAN use the money in te account as you described. The issue becomes, however, how your lawyer can move assets or do anything without a durable POA - if dad is not competent it sounds like you will need a guardianship to plan ad apply for medicaid. Feel free to call my office to discuss.
Generally, you file a caveat without an explanation which stops the probate in its tracks. either you or the other side then brings an action - you to remove the caveat, or the other side to expalin their claim.
we'd be happy to help - feel free to call us at (732) 972-6700
The proceeds are an asset like any other (bank account, house) that didn't have a joint owner or beneficiary designation. if you are truly the sole beneficiary, you get the money - if the will directs it (or assets in general elsewhere) it then follows the will.
Hi - essentially whenever you are leaving things other than outright you are dealing with a trust - there can be one or more trusts inside of a will (testamentary trusts) that only take effect after your death, or you can create trusts that exist while you are alive - different trusts have different functions. no qualified money (IRA/401k) can go inside of a trust, however we routinely draft "IRA Trusts" - which is a misnomer - the qualified money does not go into the trust, however the...
If you want to be out of New Jersey, make sure you're really out (and no residence left here) or you may be sorely disappointed.
I would strongly suggest you contact a Florida attorney for a Revocable Living Trust - the cost of probate in the sunshine state will make you miss the garden state - a will just won't cut it in Florida.
For Florida domicilliary, basically undo everything from here - Florida investment advisor, funeral plot, house of worship, residence, driver's license, etc.
Is dad competent? Otherwise, you'll need a guardianship. Unless you do something, everything will be used to pay for his care.
If dad is competent we can probably help you save about half, depending upon your familiy's situtation, prior gifts, income, VA eligibility, etc. - you may wish to give us a call for a consultation.