My Dad married a woman at age 82, they have a pre nup and no community property. Is my Dad responsible for her medical bills .

Asked over 1 year ago - Austin, TX

Will my Dads wealth have a effect on Medicaid for her. She has nothing.

Attorney answers (3)

  1. Theresa Cay Langford

    Contributor Level 15

    6

    Lawyers agree

    Answered . During her lifetime, he is responsible for her medical bills, as they are necessaries. At her death, only her estate is liable for her bills. Her estate may or may not include some of your dad's wealth - that will depend upon the probate status at the time. I cannot answer your question regarding Medicaid, but will add a question tag regarding elder law to reach attorneys in that field.

    The above answer does not create an attorney/client relationship. These responses are merely intended to provide... more
  2. Fran Brochstein

    Contributor Level 18

    4

    Lawyers agree

    Answered . This area of the law is very technical and tricky. I recommend that you consult with an elder law attorney in your county. Quite frankly, sometimes people divorce due to medical bills. In my litigation career, I've done several of these type of divorces.

  3. Lawrence A Friedman

    Contributor Level 18

    3

    Lawyers agree

    Answered . In many states spouses are responsible for one another's necessities like medical bills regardless of pre nup. Spouses' assets count against one another regardless of prenup when applying for Medicaid. An elder law attorney can advise on planning options.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more

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