Legal Question in Elder Law in Oklahoma

Re: Medicaid eligible?

A divorce may prove to be the best alternative. However, you should pose that question to a divorce attorney. You state that your father owns three homes. I understand this to mean that the homes were his separate property before he married his current wife and therefore a divorce court would likely award them to him in the divorce. However, depending on the length of the marriage and in this case the dependency of the wife on him for support, you may find that the court would award her an amount of support alimony to enable her to afford the care she needs. This situation presents a quandry. The realities are that both may be better off with a divorce. But to expect that she can be put out without assistance from him may be unrealistic. Generally, the law requires that he provide her with her necessities which in this case could mean that he will be liable to pay for her care, room, board, medical, etc. as long as they remain married. If he divorces her, the court may still require that she receive alimony to assist her. It may be adviseable that an agreed divorce be negotiated in which she receives something significant as property settlement. Such as one of the homes. Medicaid will require that she sell it and the money be used to pay her nursing home costs until it is completely used up. Then Medicaid will pay for her future care. I have no knowledge of the exemption you refer to. Social Security can probably advise you on that. Without additional facts that could be gained by an extensive interview, it is doubtful that you can obtain a satisfactory answer.