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How to Protect Assets in a Second Marriage (The Right Way)

The truth about how to protect assets in a second marriage.

When people marry for the second time (or more), losing assets to pay for their new spouse’s serious illness is probably the last thing on their minds when they say “I do.” But that could happen. Current costs for long-term care facilities can run between $70,000 – $150,000 annually. Studies show that 70% of Americans will need that kind of care, perhaps for three years or longer. For this reason, it is very important that you know how to protect assets in a second marriage.

If one spouse in a marriage becomes ill, the assets of both spouses are, by and large, required to be spent on the ill spouse’s care before Medicaid benefits become available. This could be a big problem, especially if money that the well spouse had saved for her children’s inheritances goes to pay for the ill new spouse’s care instead.

With careful planning, this need not happen. Financial arrangements can be made to protect the estate of the well spouse and to ensure that the spouse who needs care will be responsible to pay his or her own way.

How to Protect Assets in a Second Marriage 

The benefits rules do provide that the spouse who does not need care yet may keep an allowance of a certain sum for that spouse’s benefit. This is known as the “Community Spouse Resource Allowance” (CSRA). But many find that the CSRA is too small to permit the well spouse to maintain her standard of living, pay for her retirement, and still leave enough for her children to inherit.

When trying to determine how to protect assets in a second marriage, it’s important to note that any planning or shifting of assets must be done very carefully, and only after consulting with experienced elder law attorney. The Medicaid rules heavily penalize transfers of assets made without receiving value in return. Gifts, in other words.

Assets can be protected, though, by a number of strategies that are permitted by the Medicaid rules. Some or all of the well spouse’s assets could buy a Medicaid-compliant annuity. This would provide an income stream for the well spouse, without the assets being otherwise deemed available to pay for the ill spouse’s care.

In turn, the assets of the spouse needing care could be transferred to people whom that person especially trusts: a trustee, or an agent for financial affairs, or a family member or beneficiary. That kind of transfer would be subject to penalty, but planned-for, using the strategies permitted under the Medicaid rules. Some relief from penalties can be achieved using existing Medicaid rules.

There are also insurance products available to provide for long-term care coverage, which any newly married couple – or everybody, really – ought to consider. Find advice on the various insurance options here: https://www.jrcinsurancegroup.com/life-insurance-with-a-long-term-care-rider/

The best strategy of all, though, if you’re looking for information about how to protect assets in a second marriage, is to consult an experienced elder law attorney as soon as possible. The sooner the consult, the more options are available and the more assets can be preserved.

When we embark on the adventure of marriage, nobody can tell what the future has in store. But with thoughtful planning, assisted by a qualified elder law attorney like Andre McDonald, you can relax and let the nuptial celebrations begin.

We are here to help.

At McDonald Law Firm, we help families navigate maze of rules in order to qualify for Medicaid while preserving as much of your assets as the law would permit. If we can be of assistance with your family’s long-term care planning needs, please contact Andre O. McDonald, a knowledgeable Howard County estate planning, Medicaid planning, special needs planning and veterans pension planning attorney at (443) 741-1088 to schedule a consultation.

 

DISCLAIMER: THE INFORMATION POSTED ON THIS BLOG IS INTENDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONVEY LEGAL OR TAX ADVICE.

 

 

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For help with estate planning, special needs planning, elder law or Veteran's Pension Planning needs throughout Howard, Montgomery, Prince George’s, Anne Arundel, and Baltimore County; and Baltimore City, contact McDonald Law Firm, LLC.

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McDonald Law Firm, LLC

Columbia Office

10500 Little Patuxent Pkwy, #420
Columbia, MD 21044-3563

Bethesda Office:

(By Appointment Only)

7315 Wisconsin Avenue, Suite 800 West
Bethesda, MD 20814

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