SOMA Living March 2023

ELDER CARE

Neighborhood House Nursery School 100 Years & Growing!

Imagine this situation: A child moves into parent’s home with his family, with no lease and no written agreement. He stays there for decades, and at some point, the parent dies. Someone else is Executor of the Estate. What rights does this child have, if any? Does the Estate have any obligation to let him stay there? Or imagine this: An aging parent moves into a child’s home, perhaps a “mother-daughter” structure or perhaps using a bedroom within the main part of the house, with an informal arrangement for sharing expenses. What rights does the parent have, and what obligations? Suppose the child has to sell the house, or loses the house? If the parent applies for Medicaid to pay for long-term care, will her contributions for household expenses be treated as “gifts to the child,” resulting in a transfer penalty and denial of benefits? Shared occupancy agreements can prevent miscommunication and problems. You can specify monthly occupancy/rent cost; right to remain for a while if the homeowner dies or moves out; sharing utilities or repairs; and more. Mutual agreements create rights. However, without any documentation, the agreement may end abruptly if the homeowner dies, divorces, or moves. Unfortunately, oral handshake agreements can be difficult to enforce. Careful planning can prevent a crisis. Formality at the start, like a prenuptial agreement, can prevent huge problems later. FAMILY ELDER CARE PLANNING: PROTECT YOUR OCCUPANTS WITH DOCUMENTS

Serving Ages 2 ½ to 5 Years Old Play-Based Philosophy

Community Exploration Through Field Trips Backyard Garden Integrated into Curriculum Diverse and Inclusive Community Flexible Scheduling Available

12 Taylor Street Millburn, NJ / 973-376-0739 Follow us on @neighborhoodhousemillburn www.neighborhoodhousenursery.org

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Linda S. Ershow-Levenberg, Esq Elder law attorney with offices at 60 Walnut Ave., suite 202, Clark NJ, 732-382-6070 and Linda@fre-l.com

26 somalivingmagazine@gmail.com

@somalivingmagazine

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