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I am wondering is this legal. It appears to discriminate against the person who desires to want to enjoy life and remarry. I do not understand how a spouse can be considered an extra person.

Lorna, definitely check with an elder law attorney, not a family law attorney. Marrying would have an impact on your finances especially after the age of 65.

My mom married at the age of 80. They were both well situated, financially. They developed a prenuptial agreement. What they did not know is that if either of them had a major medical event, needed nursing home care, that half the assets of the marriage would be the spend down prior to being able to qualify for Medicaid.

Medicaid will not honor a prenuptial. Each of them would become responsible, financially, for the other, pay nursing home fees, etc.

Why not just live together? Have a joining ceremony if you want to do something, not a legal agreement. Be very careful with this it could be financially devastating for both of you.
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Reply to gladimhere
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Just read the profile. Is this a 3rd party asking the question? How old is this woman? I ask because therecare so many other things to look at when u remarry after 65.

First, remarrying may effect her SS. Its based on late husbands SS. Will marrying change that?

Pension, if she is collecting from husband, she may no longer be entitled to it if she remarries.

Then there is Medicaid. Will her money now be considered his too under Medicaid rules?
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Reply to JoAnn29
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If they did any sort of vetting before you and your husband moved in, it does make sense that they have approval requirements for new tenants. I would not be surprised if there are additional “qualifiers,” including background checks. Hold off on the marriage until you learn what is at stake for yourself. It may not be a good idea to remarry if it puts you at risk for losing what you have.
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Reply to Slekker
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As I understand, you buy in so go from Independent living, to AL, to LTC. Most of the buy in goes to LTC. You still pay a fee every month for whatever ur living in.

Did your late husband need LTC? If so, this may be ur problem.

These Contracts are really involved. You may need a lawyer to go over it and see if another person can be brought into the Contract.
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Reply to JoAnn29
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BCresident, sounds like this new resident cannot latch onto the benefits that had been offered and paid for by your late husband. When you think about it, it wouldn't be fair for your late husband to be paying for the cost of a new person.
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Reply to freqflyer
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Continuing Care Retirement Community?

I guess this is part of the risk in buying into one of these communities. Even though deceased husband did not live long enough to use the care services, he never lost what was purchased, he used it while alive, he died too soon to take advantage of all of the benefits.

I am not surprised the contract is not transferrable.
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Reply to gladimhere
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worriedinCali Jun 11, 2019
Where does the OP say her husband did not live long enough to use the care services?
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Benefits for two people costs more than for one.
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Reply to Nieta63
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WorriedinCali must be right - look at what it says in your contract.
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Reply to Countrymouse
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You say in your profile that your now deceased husband had been living with you in this same CCRC.

I hope this doesn’t sound insensitive or crass - but it would seem to me your paid the fees to have two adults living in your residence. It’s not like your trying to sneak in a friend to skip the costs - you are remarrying. Not to imply the men are interchangeable- but I can’t see how it should make any difference to the admiration there. Not unless your new hubby has significantly higher care needs.
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Reply to Rainmom
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You need to read whatever contracts you signed when you became a resident of the CCRC. I highly doubt there is a provision that says you can marry and bring in a spouse who does not have to buy-In. It’s not discrimination.
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Reply to worriedinCali
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