San Jose, CA asked in Divorce and Estate Planning for North Carolina

Q: Divorce my elderly husband but still taking care of him

I am much younger than my husband and we have not been actual husband and wife for many years although we were never divorced. I wouldn’t mind taking care of him but need to divorce him now so I can seek other life partner. What would be your best recommendation? He is in North Carolina and I am in California. Currently he is still capable of taking care of himself at this time but I am sure how long before he will need nursing home. Any advice is greatly appreciated

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: If you are at all concerned about the liability of your assets for the payment of your husband’s long term care you should consult with an elder law attorney in the state where he is likely to receive the care. It is not clear which state that is. The laws of the states of California and North Carolina are wildly different. Understanding a great deal more about your exposure might influence your thinking regarding divorce.

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