A right to use and occupy gives the owner of real estate (generally a primary residence) the right to use and occupy the property, the same as a life estate does, and imposes the same obligations to pay real estate taxes, insurance, utilities, etc., but the holder of the right to use and occupy does not receive any rental income or any portion of the proceeds of sale if the property is sold. Retaining a right of use and occupancy for a spouse is generally the better option in Medicaid planning to avoid a Medicaid estate lien recovery or forced liquidation of the equity in the home to pay for long-term care.
To discuss your NJ Medicaid matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Appeal of Medicaid Denial Attorney