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Husband and wife each have money in separate trusts with…

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Husband and wife each...

Husband and wife each have money in separate trusts with beneficial solely for each spouse from each trust. In the event that wife must cared for in a nursing facility, can the trustees of her trust (also final beneficiaries) force the husband to pay for her care from his trust claiming marital responsibility. Does Florida statute require a spouse to support their financially independent spouse.

Lawyer's Assistant: What documents or supporting evidence do you have?

Trust documents and a prenup separating assests

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

I don't know

Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
11/30/2017
Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,197
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 7 months ago

No they would have no such obligation.The common-law “doctrine of necessaries” has been completely abrogated in Florida. The Florida Supreme Court abolished the ancient doctrine because it made husbands responsible for their wives’ “necessaries” but did not make wives bear a reciprocal responsibility. Connor v. Southwest Fla. Reg’l Med. Ctr., Inc., 668 So. 2d 175, 175 (Fla. 1995). The Court could have held that husbands and wives are now equally responsible but opted instead to abrogate the doctrine altogether.

Reference

http://www.elderlawassociates.com/news-review.cfm?newsid=124&categoryid=42

Under Florida law one spouse or their trust is not liable to the other spouse for medical bills.

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 7 months ago
Good news. Thanks
Lawyer: Ray, Lawyer replied 7 months ago

Happy Holidays thanks for rating 5 stars at top of page.

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