Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert assisting you tonight.You have my sympathy here for your situation and dilemma.A legal separation and property and debt division that this process entails would be a means here for effective estate planning where one spouse is going to have extensive medical bills and Medicaid may come into play.You will need a local lawyer to file for such a legal separation and the court may appoint an ad litem for the spouse if she has alzheimer's issues..The property and debts would be divided by the court using the prenup.agreement and grant the legal separation.This is an effective means of dealing with this situation.
This would allow the spouse from being responsible for the other spouse's medical costs here once legally separated.It also has some advantages in the parties remain legally married but the assets and debts are separated by a legal separation here through the courts.The NAELA here, National Academy of Elder Lawyers all have specialized legal training in these type situations which involve, estate planning, Medicaid, and family law.Here is a list of NAELA lawyers in Indiana that can help you here with this situation.http://www.innaela.com/membershipListing.aspI appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.