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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 .

Austin, TX |

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

Attorney Answers 3

Posted

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 general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state

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Posted

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.

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Posted

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 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.

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