Penguina Asked May 23, 2024
Spend down to Medicare.
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I’ve been reading articles about Medicaid spend down rules and protecting the spouse when one has to go into a facility. When my mother-in-law was faced with this issue in VA, the attorney we talked to advised her to divorce my FIL and have him sign documents giving her their property and money. She did. When he was informed that the divorce was final, he became very depressed and died a month later.
Has anyone else been given this advice? Is it a valid way to deal with property division?
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As to dying, having been divorced twice I can tell you if it was someone you loved, you may WISH to die, but you won't. Divorce doesn't kill. You MIL's spouse didn't die of divorce, but of his illnesses.
Unfortunately with property division WITHOUT a divorce there is only about about 100,000 left to care for the remaining spouse. That isn't enough. So let us assume over a lifetime the spouses managed to save total assets of 1M. Every penny of that would go to care of the spouse in need save 100,000.
So let us say the ill spouse lives in care for 5 years. His funds are now gone. And the remaining spouse now needs care as well. She has very little to take care of her.
I first saw this done when my own CPA's spouse, when they were young and had two young girls, sustained a terrible injury and was brain dead for years until her death. He simply could not pay her fees and care for two children who needed care while he worked. He divorced her, tho no one ever knew that until this was long over because of his dedication to visiting and maintaining the family until her death years later.
I later saw it done more than once, and I have to say, yes, this is an option for protection.
A happy or pleasant option? No. Not really. But when things come down to survival one goes into survival mode.
Who is to say if the divorce had anything to do with his passing. I watched my MIL will herself to die because someone told her she would not be going back to her house.