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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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My husband has two types of Alzheimer's and needs some kind

Customer Question

My husband has two types of Alzheimer's and needs some kind of professional care. I know about COPES and the problem is they will come after my estate for repayment. My estate was inheritance and any monies I had before I was married. Is there any way to separate this. COPES says no that they just look at everything bering community property.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

The issue of community and separate property isn't really an issue when it comes to this. It's not that they "don't separate" it into different categories, it just doesn't make any difference whether they do or not for reimbursement of this type of government claim.

However, there may still be something to try.

What I'd suggest you do is visit with a local lawyer that does estate planning and explain your situation and ask them about potential trusts. There are some kinds of trusts that can be established which protects assets even from governmental claims. It's better to do it as far in advance as possible but trusts work a little different than just giving assets away or other things people sometimes try to protect their assets.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
Expert:  Dwayne B. replied 1 year ago.

Please don't forget to leave the positive rating. The experts only get paid when the customer issues their positive rating.