[WSBAPT] association on ep re possible medicaid grab

[Megan Farr]

Roger,

Unfortunately for your client his prenuptial agreement will not protect his assets if his spouse needs long-term care. He will have to pay for her care from his separate assets once her own are depleted. DSHS disregards the terms of prenuptial agreements (the agreement can't be binding on DSHS since they are not a party). I don't know if a legal separation will work or not.

I second the suggestion of consulting with an expert such as Barbara Isenhour or Sean Bleck. Craig Coombs may also be a good resource. It is definitely an issue to address prior to either party becoming incapacitated.

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, August 1, 2019 12:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] association on ep re possible medicaid grab

Our client with assets wants to find out whether he is at risk of Medicaid seizing his assets if his Wife becomes ill or if the prenuptial agreement protects him from this; the prenuptial has all the normal safeguards re process and allocates all his separate property to him in the event of divorce or death.  His wife has few assets; if she gets really sick and receives Medicaid, will Medicaid have unusual power to invade assets protected by a prenuptial agreement?

If he is not protected, would a legal separation be a solution to eliminate this risk like a divorce would?  There is substantial motivation to remain married and he is willing and able to pay for good advice on this topic.


Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
And 423 Main in Sultan, WA 98294
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax



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