3 Replies Latest reply on Jul 14, 2017 2:05 PM by Michael Tomko

    prenuptial agreements

    Jim Schwaller Jul 22, 2016 12:48 PM

      I am applying for VA benefits for my father who is living in an assisted living facility.

       

      He is a WWII vet and served in Normandy, Northern France, Naples-Foggia, Rome-Arno, and 3 other offenses.

       

      He qualifies for assistance without his wife's assets.  They signed a  renuptial agreement before getting married.  They did not know he would have a stroke that has changed his life.

       

      The VA will not apply for assistance because his wife has $225,000 in the bank.   Before they were married at age 86, they both decided that the assets they had individually were to go to each persons sibling.

       

      His assets are his families and her assets are her families.  The assisted living facility is draining my fathers assets at a cost of $4,000 plus a month.

       

      The VA says his wife's assets count against his eligibility.   I say the prenuptial agreement eliminates her assets and he should be eligible for benefits.

        • Re: prenuptial agreements
          Rebecca Collier
          Rebecca Collier Expert Jul 22, 2016 1:08 PM (in response to Jim Schwaller)

          Unfortunately, there wouldn't be any records in NARA's custody that can assist you. You or your father will need to find a lawyer who is willing to fight the VA and work pro bono.

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          • Re: prenuptial agreements
            Vernon O'Neil
            Vernon O'Neil Jul 22, 2016 1:48 PM (in response to Jim Schwaller)

            yeah thats an issue for a lawyer but it might be a hard road ahead - prenups only apply if a marraige fails, what should have been done was to transfer assets into trusts, farmer friends do that all the time in case they go into homes and the county can't take the land then. Good luck.

            1 of 1 people found this helpful
            • Re: prenuptial agreements
              Michael Tomko
              Michael Tomko Jul 14, 2017 2:05 PM (in response to Jim Schwaller)

              Dear Sir,

               

              You should seek the advice of an attorney. But unfortunately, healthcare is extremely costly and there are state laws.

              Many long term care facilities cost up to $7000 a month or more. Once the assets are depleted, an individual may qualify for Medicaid and state assistance. But it does depend on the income, pension and assets. In many cases the elderly sign over their assets, land and homes to their children. This must be within the state guidelines, and usually at least 5 years prior. Long Term Care insurance is designed as a buffer, whereby long term care can be provided during this waiting period. In many cases an elderly significant other, does not think that a significant health impairment will occur.  In some cases the home and property is not even co-owned by the spouse, which causes legal complexities.

              Home Care is another option and may be an affordable alternative. Many health impairments such as cancer, stroke, or dementia can cause a financial hardship, and cost hundreds of thousands and even millions of dollars in care. This is becoming a national problem that many people do not experience until they have a significant other,  or child with a major illness. It is estimated that a large majority of state Medicaid now is spent on long term care. The VA has slowly downsized and regulated its long term care facilities and it now bills the veterans insurance plan by law. A consultation with an attorney who specializes in probate law will provide more answers.

              1 of 1 people found this helpful