Olathe, KS asked in Divorce and Estate Planning for Kansas

Q: Would divorcing wife now, but continuing to live with her, still allow for Medicaid long term care 6 years from now?

I have stage 2 Parkinson's and will require long term care in the future. I have a pension, social security income that totals 50,000 dollars, which will go towards partial long term care when needed. I will likely need another 50,000 dollars for long term care. The question I need answered is could I divorce my wife now, continue to live with her, but surrender majority of meager assets to her, and then in 6 years or more apply for Medicaid? Hate to contemplate this strategy, but seems to be only way to guarantee wife income and future long term care for her. I have consulted elder-care attorney, and this strategy seems to provide most funding, but is it feasible from law standpoint?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: This sounds familiar -- have you asked this question before perhaps on a different legal advice website? The answer is the same. Your situation is FAR too complicated and fact specific to expect a good answer in this sort of forum. You need to consult with a local elder law / estate planning attorney.

Divorce is for people who have differences such that the objects of matrimony are no longer reasonably likely to be preserved. Remember the wedding vows about 'richer or poorer'? The objects of matrimony don't include getting or staying rich in money terms. You have a legitimate concern, but divorce is unlikely to be the appropriate answer!

Seek local estate planning legal help!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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