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Can my assets be touched if my domestic partner has to enter…

Can my assets be...

Can my assets be touched if my domestic partner has to enter a care facility with Medicaid?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No steps. Asking for a future possibility.

Lawyer's Assistant: Family law varies by state. What state are you in?

The partnership was certified in NY, but now we live in IL.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to know any obligation or vulnerability I would have in both states due to his failing health and lack of resources.

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Answered in 8 minutes by:
11/7/2017
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,939
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under federal law and medicaid rules, domestic partnership has no meaning. This means that your assets would not be at risk for your partner needing care. HOWEVER, if you have your assets pooled in joint accounts or have both names on property or other assets, those assets could be in jeopardy up to your partner's share in the asset. So in that regard your assets could be used or impaired. However, if everything is in your name only and her property is in her name only, your property would be secure.

If you have property in joint tenancy though, medicaid looks at and counts that property.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,939
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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