Legal Question in Wills and Trusts in Missouri

Assets when marrying

Is there a way for an older couple to maintain their own asset status if marrying?

If they marry and one has to be put in a nursing home, does the law force them to combine their assets for the spend down process before applying for Medicaid?

Both individuals now have Revocable Trust set up for their respective children and would like the assets to remain the same as before marriage.

Are there special forms that an attorney can draw up for this matter?


Asked on 5/30/05, 5:47 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Assets when marrying

Yes. Your question suggests that you might be good candidates for a Pre-nuptial Agreement. For a relatively modest fee you can make a contract between the two of you which will be enforceable. I have prepared many of these for people in your situation. If you are not already represented by legal counsel, you may call me for a free telephone consultation at 314-727-2822.

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Answered on 5/30/05, 5:59 pm


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