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When someone is in a nursing home and receiving Medicaid, their primary residence is exempt. Therefore, the government generally will not force you to sell your home. However, in order for it to be exempt there must be a spouse or disabled child in the home, or the person in the nursing home must have expressed their intent to return home.
Due to estate recovery, if the government paid for nursing home care, it has the right to recover that money. Recovery takes place in probate, where the biggest asset is usually … your home. So even though your home was exempt during your life, it may be taken after your death.
With a little advanced preparation and planning there are strategies that can keep you in your home for your lifetime and pass it to your loved ones outside of probate upon your passing.
A lot of what we as estate planners do is help you protect your assets: We help you protect your assets for your children when you die, we help you protect your assets when you are elderly and need long term or nursing care, we help you protect your business or investment assets from frivolous law suits… but we can also help you protect your assets during marriage.
“During marriage?” you may ask, “Why would I need to protect my assets during marriage? I would trust my spouse with my life.” This may be true (in fact, we very much hope it is true) but statistics show that more than 50% of marriages end in divorce, yet according to this article by Robin Epstein and Amy Epstein Feldman only 3% of marrying couples bother to create a prenuptial agreement. The low number may speak for the optimism of marrying couples, but not for their common sense.
A prenuptial agreement is not an admission that you don’t really think your marriage is going to work. On the contrary, prenuptial agreements can be useful in many situations, not just in cases of divorce. If you are entering into a second marriage and have children from a previous marriage a prenuptial agreement is absolutely essential to ensure that your children are entitled to any assets you bring from your previous marriage. If you or your fiancé comes to the relationship with heavy debts a prenuptial agreement can ensure that your marriage doesn’t begin under the weight of all that debt. And a prenuptial agreement can be a precursor to your eventual estate planning.
If you are planning a wedding in the near future, our firm can help answer any questions you may have about prenuptial agreements without any obligation. But really, knowing the many ways a prenup can protect you, your spouse, and your children—is there any reason not to have one?
Somewhere between Family Law and Estate Planning lie Prenuptial Agreements. These documents—once avoided at all costs by all but the super-rich as pessimistic or unromantic—are now considered by just about every financial advisor or specialist to be good financial planning, good estate planning, and just good sense.
Prenups are no longer just for the rich and famous, and they’re not for people “who will probably get divorced anyway.” A prenup is a good idea for the small-business owner, the older bride or groom with children from a previous marriage, the newly-graduated student with a huge amount of credit card debt, and the expectant heir or heiress. In fact, according to this article in USA Today even “Personal-finance expert Suze Orman encourages every engaged couple to get one to protect their current and future assets as well as to shield themselves in case a mate secretly runs up massive credit card debt (which could damage both partners’ credit scores).”
And we’re not talking about your parent’s prenups anymore. As with most things, prenuptial agreements have evolved over the years: “Some prenups touch upon more sentimental topics, such as who keeps the heirloom silverware received as a wedding present…” and “Some prenups address issues such as adultery, frequency of intimacy, limitations of weight gain, the scheduling of housekeeping and provisions for pets.”
If there is a wedding somewhere in your near future consider calling our office to talk about whether a prenuptial agreement might benefit you and your fiancé. Prenups may have a reputation as being unromantic, but what could be more romantic or loving than planning your future… together.