What can I do to protect my husband's policies from state recovery?

Asked by burnedncaringst  |  May 28, 2011

my husband has inheritance at his mother passing and his own policies for final expenses we recently moved to Az in 2010 to " improve " his health and such is that has not happen. He is concerned how he can protect the state from recovering the money from his said policies set to give me and our two kids a new way to start over and he is now 45 yrs old. The state is willing to pay me to be his caregiver as such as I have been for a good while and he is currently SSD and our kids recieve a supplemental check right now. I need to know how to fight this and still at the same time garner something useful in this economy. I love my husband and if Az takes more than half than what he leaves to me and the kids then I can't pay back school loans or even make a decent survival for the kids and myself at his passing.

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jeannegibbs

Give a Hug

May 28, 2011

I think you need to consult an attorney who specializes in Elder Law. At 45 your husband is not elderly but many end-of-life preparations apply here, I think. See what can be done to protect assets for the use of you and your children. This will help you know where you stand and give your husband some peace of mind.

Chronic dibilitating diseases are a huge financial burden for families, and for society. As the baby boomer wave hits the age range where dementia and other disabilities are most likely to occur, I don't know how we as a society will be able to deal with it. It is scary.

Laws and programs are complicated. It is sad that it takes a professional to navigate through them, but I think you are best served at this point by seeing a lawyer.

 
 

igloo572

Give a Hug

May 29, 2011

Agree totally - these issues are sticky.

You need to spend the money and have an elder care attorney go over all your joint and his assets and come up with a long-term plan, DPOA, MPOA and advance directives. If possible get one who is in the same county you live in as it will cut-down on the costs of their paralegal going to file in the county courthouse.
Good luck.

 
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