Legal Question in Wills and Trusts in Texas
My wife and I have handwritten wills written some 40 yrs. ago.. We left each other everything in the event of one of us dying. My wife is now in a nursing home with dementia and incapable of changing her will. She is also on Medicade. If I die before her will the state end up with our property? Is there a way that I can write a new will leaving everything to our adult children? I know she legally owns one half of everything. How do I keep the state from getting what was willed to our chlldren? I also have a durable power of attorney for my wife which allows me to make medical and financial arranements for her.
1 Answer from Attorneys
You need to establish a Medicaid plan. It's too late to change the will. I'd have to review the power of attorney, along with the estate assets to determine what you can do and what you can save with respect to the Medicaid Estate Recovery Program. It is possible to save the home, and some assets, but the planning needs to be done now. Feel free to call me.
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