Legal Question in Family Law in Minnesota

My boyfriend and I live in MN and are in our 60's. Both have wills leaving assets to our children. If we marry are our individual assets affected if one of us has to go into a nursing home?


Asked on 12/12/15, 9:10 am

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Your question is ambiguous, IE, is possible to interpret in multiple ways.

A general principle is as follows: Assuming a person has more than a nominal interest in property (EG, I'm ruling out folks who only own their own toothbrush...), marrying affects property interests.

As to you personally, I urge you to contact a very well experienced attorney as you plan for marriage, or tentatively consider marrying your BF: She can advise you in great detail for your personal circumstances.

Another general principle is this: Whenever one faces a major life event (EG, marrying one's BF...), that IS definitely a time to seek attorney counsel & review of your present 'estate plan'. Because marrying tends to be a planned event (as opposed to say, a sudden, unexpected death in the family...), IMO the sooner you seek attorney counsel & advice, the better. It is said 'Knowledge is power'. Various laws govern certain 'statuses', for instance, the status of being married, or the status of being considered 'a vulnerable adult', or the status of being a person who is deemed to 'lack capacity'. Life is not stagnate: Facts & circumstances do change.

In choosing an attorney, I suggest you'd likely feel more comfortable hiring an attorney who is 'somewhat near to your own age', and, perhaps, too, choosing an attorney who is your same gender (sex)

Strong Warning: Be wary of all 'free advice'.

If you are marrying: Congratulations to you both ! Wonderful that you love one another & want to elevate your relationship to a marriage. Best to you both !

Tricia Dwyer Esq

Minnesota Estate Planning Law

Minnesota Matrimonial Law

Minnesota Elder Planning Law

7 days - see DwyerLawFirm.net and see Minnesota State Bar Assoc fal

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Answered on 12/12/15, 10:45 am


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