[WSBAPT] Medicaid and pre-nuptials

[Brink, Kerry]

Greetings,

I was contacted by a fellow that has PoA for his mother who remarried 10 or so years ago after completing a prenuptial agreement.  Her Husband is in an assisted living facility and will not qualify for Medicaid (that her son applied for on her behalf) because of proceeds from the sale of the mother’s house are now in an account over which my potential client/agent has access. Both mother and step-father are incapacitated and living in separate care facilities.  I have seen the prenuptial agreement and the house and proceeds are clearly mother’s separate assets and there is no care requirement in the pre-nup.  I understand that mother’s Will leaves all assets to her three children – not to husband.  I have not, however, seen the Will.

Even though the mother’s account is keeping step-father from Medicaid eligibility, is there a requirement that her separate assets be used to pay for step-father’s care?  Mother is in an assisted living facility herself and may need the assets for her own care.  I know dissolution is an option, but no-one wants that.  Anything else?

Thanking you in advance for your wisdom,
Kerry
Kerry E. Brink • Attorney at Law

Estate Planning, Probate, Elder Law

[cid:image001.png at 01D33865.5D37D9B0]

1201 Pacific Avenue, Suite 1900
PO Box 1315
Tacoma, WA 98401-1315
Office: 253-383-3791
Direct: 253-591-8571
Fax: 253-383-6377
www.vjglaw.com<http://www.vjglaw.com/>


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