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.
Hire a qualified attorney. You're not likely to get specific legal advice dealing with significant issues here gratis - the lawyer faces potential liability on the answer.
There may be various ways to reduce or eliminate the taxes (yes, plural). Good luck.
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.
Briefly, gifts made more than 60 months ago are not counted (so no issue) - gifts within 60 months are within a penalty period, and the penalty is not $40,000 of gifts = $40,000 of no Medicaid, but instead it is $40,000 gifted within 5 years creates an amount of time for which Medicaid will refuse to pay. It may pay to return the gifts. It may pay to apply and accept the penalty. This stuff is not for the faint of heart and I URGE YOU to consult with a knowledgeable elder law attorney before...
As the surviving spouse you are able to "elect" against his "augmented estate" - generally it's about 1/3 of what he had during the marriage. there should be little difficulty going against his sister to claim your portion of what he owned, unless what you received of joint assets is more than 1/3 - this is general advice/info - you'll need to see an attorney to really nail it down.