Is The “Protect My Assets” Prenuptial Agreement Useless?
Вставка
- Опубліковано 14 жов 2024
- Build your estate plan online! MyAdvocate is the online solution for creating and maintaining your Will and all other legally-valid estate planning documents. Click the link below to get started!
www.myadvocate...
--
One of the common myths or misconceptions regarding couples getting married later in life is that many assume that a prenuptial agreement protects the assets of one spouse when the other spouse goes into a nursing home and attempts to qualify for long term care Medicaid.
When couples get married later in life, they often mistakenly assume that when one spouse goes into a nursing home, only that spouse's assets must be spent down prior to Medicaid qualification. However, while the spouse in the nursing home can have only $2,000 of countable resources, the spouse at home (known as the "Community Spouse") may only have $128,640 of countable resources. Excess assets must be spent down on the care of the spouse in the nursing home (known as the "Institutionalized Spouse") prior the the institutionalized spouse being eligible for Long Term Care Medicaid.
While a prenuptial agreement, marriage contract, separate property agreement (call it what you want) can be helpful in keeping each spouse's assets separate - to be inherited by the child or children of each spouse at death, a prenuptial agreement doesn't provide assistance in the way of long term care Medicaid planning should one or both spouses enter the nursing home and seek Medicaid qualification.
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com...
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
Marriage is like a Tornado: "In the beginning there's a lot of blowing and sucking, then you lose your house".
How damn that's a good one.
woa hahahahahahahahaha
This made me laugh.
😩😂😂
🤣😄😆
So basically don’t get married because legally the regulations in different government programs override prenups got it. Love this country and how marriage even is a money machine for the government. I guess just put a ring on it have a ceremony and call it a day and say I do, go about your life together. It’s a covenant before God right. The government doesn’t need to have their hands in the pie.
Bob Lazar wow that’s crazy mate!
And that's how you might run into common law marriage. Always check to see what the common law marriage laws are in your state. You wouldn't want to unknowingly sign on to a loan. Same concept here.
Thanks for summarizing. Video was way too long.
@@THECOLONEL50 where i live a common law marriage starts about two years after living with that person. And yes, it's basically the same concept of a traditional marriage at that point.
@@CassiusOvO that sucks. Over here in Texas there are a more restrictions as to what is common law marriage. Also no minimum amount of years of cohabitation for a couple to be auto common law married.
Marriage.
Women used to marry for financial security. Now they divorce for financial security.
There is no benefit for a man to marry or cohabitate, so don't. And you will never need a prenup.
End of story!
If we don't have children that is a long term problem. Laws need to be changed to match Norway. Watch divorce corp movie.
@@MrApplewine buy a double unit house, and have your “wife” sign onto the lease as a tenant. Now you can live together and not be married and not become common law married because technically you live in 2 separate homes/units
@@KalamariFromTheParty Only a few jurisdictions have the common law marriage. This isn't that practical solution. Also, if you have kids other legal problems happen which don't depend on marriage. The best solution is probably being very careful about who you marry in the short run and somehow improving the laws in the long run.
@@KalamariFromTheParty
Separate residences with conjugal visits. It's the way to go!
Thanks for the info, most of us probably weren't aware of the nursing home issue in regards to a prenup. In WA a prenup in case of divorce might not work either. I have witnessed where even though there was no intermixing of assets, some judges decide that usually, the woman, wasn't bright enough to understand (even if she had her own legal advice) what she was signing and break the prenup. That happened to me so I know from first-hand experience and it's not a one-off deal.
Some judges are pure arseholes that live just to keep us down smh
Marriage is like a Tornado: "In the beginning there's a lot of blowing and sucking, then you lose your house".
@@mgtow6683 Eh, People should just be honest and communicative and no divorce. As a female i'm so happy i watch Dr. Jordan Peterson and when i get married me and my future husband are talking everything out no divorce. You just have to be attracted to them have plenty in common good consistent sex life pretty much.
@@CassiusOvO Most, law is a business and not for the people.
@@thelightwithin7437 old saying "i hear bigger cock than you crow". Saying it is one thing but in reality things can get real ugly.
Moral of the story is: dont get married
Don't need marriage to make offspring.
Idk what you can do besides pump and dump... But that is very risky and not worth it.
I suggest to just adopt a child. It won't be your genes but it's something.
And don't cohabitate. Most places in the West treat cohabitation like marriage if you live together long enough.
@hitler did noting worong Surrogate?
I think in this instance they should get divorced
im just happy im looking up this topic for coriousity and not marriage.
Same, but I could definitely say that whoever I get with, your either going to sign a prenup or everything is called off💁🏾♂️
Instead of getting married, find a woman who hates you & give her everything you own.
Dark Star you are so Good!!!
Gotta respect a lawyer who tells you the truth 😂 this is my litmus test for any lawyer. Get their opinion on prenups if they insinuate at all that they work you got a fraud on your hands.
I simply can't find stats on the rate of prenups that either are dismissed or altered... As in ANY! Kinda suspicious. If you have some stats you've run across, i'd love to see them. Ok, watching the vid incase you have some :-)
That can lead to accountability that lawyers aren’t going to force on other lawyers. They work so they can get money not so you can keep yours.
good point
still waiting
Can Frank and Florence get divorced to keep her from being responsible for his bill.
Super informative videos. Love the scenarios and just wealth of knowledge. Appreciate you!
Super 👍
@@americasestateplanninglawy1946 thank you very much for your informative video. Does this rule also apply to prenups that were signed before 2020 (let’s say sometime around 2013-2015)? I’d truly appreciate a fast response. Thank you very much in advance
Ya, if my medical care exceeds my assets... just pull the plug, its cheaper to die
Samesies, I dont understand extended our bodies long after our minds are dead. Makes no sense to me. I don't expect to live forever
I don't need to run out of money to pull the plug.
The horror thick illnesses of my grandparents and what my mother went through and now that my father's going through-no thanks-I'm good with becoming warm food rather than suffering with dementia or neuropathy or my throat closing with ALS.
If you initiate a business and establish it, but the ownership of the business lies within a trust, with you as a beneficiary of said trust, and the business achieves success, your former spouse would be unable to seize any assets from the trust.... Hide everything in the trust bank accounts vehicles ect
“During health and sickness” ... what a disgusting person would leave the loved one in such places ?! And don’t wanna to pay for it ... my stomach is sick.
You’re a good person Josi
I take it you've never had a loved one with dementia much less lived with one.
I thought I was the only one thinking that. Spouse is severely ill and only concern is money. Why even get married of that's how it'll be?
@@HELLH0WND
It says "until death do us part" not "I don't feel like being with you anymore because you got sick"
Marriage ain't what a marriage was even fifty years ago. With no-fault divorces marriage is just something not worth it as far as I'm concerned.
Keep watching redpill videos and read comments that post how the poster got financially raped in divorce court: of their pensions even even.
This is a very specific case. How does this make prenup useless?
Click bait
A very interesting scenario to know! I wonder from the point when Frank appeared destined to the nursing home, can Florence have a trust to protect her assets from Medicaid CSRA? In retrospect, is trust a better vehicle than prenup to protect her assets from government program overwrite? Thanks!
Yes, I'd love to know the answer to this as well!
Yeah thats a interesting question . I think a trust would also protect against divorce too withought having the uncomfortable conversation .
as far as ethical goes, if you sleep on the same bed for so long then saving lives out retirement home is priceless. The whole point of comprehensive car insurance is to prevent vandalism and wrong parking spot chosen. Great video to draft up a new one
I had a pre-nip in Indiana, glad I did. All assests from before marriage were protectred. Each person responsible for any legal fees for any reason.
Can a couple get divorced before one of them goes into a home eliminating the spend down requirement for the spouse? This way they can create a legal agreement between them in writing that they will always look out for each other even though they're divorced.
Marriage in two months after watching this, am not getting married under law absolutely not
Prenup cold exclusion.
Don't share assets and money.
Love isn't a paper thing.
Share your heart but not your assets and money.
In Canada, it’s almost impossible not to ‘taint’ your accounts and thereby keep anything separate in any real way. The govt seems to want to discourage successful people from getting married. Common-law spouse status kicks in no matter how much you don’t want it to after like 1 year. Ridiculous.
In most states ,even with younger couples, a prenuptial becomes worthless after 10 years of marriage anyway.
That's why you don't get married
Not if it’s written correctly and both parties review with their own lawyers
Would it be helpful if Frank and Florence got a divorce before Frank entered the nursing home? Would an irrevocable trust before the marriage have been helpful?
What happens if you’re 23 own 3 houses & get a women you’ve been with for 7 months pregnant & decide you want out?
Talk to a lot of lawyers and start 'gifting' ur friends ur assets. Also make sure all of this is covert but don't hide it. just be smart about how you move your assets and when ur ready and made all ur preparation then serve her the papers.
You likely will take some hits but other than that there's nothing you can do to remain undamaged unless she decides you can leave with it all. Kids is the real kicker here.
If you're not married the best she can get is child support and the courts are going to fuck you over real quick on that since they don't base it off how much it cost to raise a child but how much you make. It's literal robbery.
One coworker did that to his girlfriend.
The girlfriend moved across the country back home to be with her family and know he is paying a lot of child support.
The only thing he can do is move too but he will lose his high paying job.
Its seems some people dont last long these days.
@@fatimateresa19 can't even do that the child support agency will say that you're intentionally depriving yourself of income
@@bobtailsquid It,s such a mess. And the two parents enter a toxic cycle of hurting the other one using the child.
So my wife and I should divorce when we hit 65 so we don't have to destroy both our finances if one of us should require long-term care?
I don’t think that’s the issue for most people.. Medicare takes over at 65 and most are more concerned with their spouse divorcing them to get half of their assets
@@5000MikeMaster Medicare doesn't cover long term care, only medicaid does that. And to qualify for medicaid you got to be broke.
You can buy long term care health insurance but it is not cheap.
I don't know why Medicaid is part of the issue because the pair were sixty-three years old which means there were eligible for social security. It should have been Medicare for their health coverage-in my understanding.
The big question is: how Florance made her money and why does she want the prenum so badly? Well,,,we all know the answer for thoes questions :))
She got the money from divorcing her ex husband.
She EARNED it by working her ass off for her entire adult life? She’s a woman so it’s suspicious that she has assets? Misogyny at its finest.
@@marilynbenn2083 Almost as prejudiced as women who say all men are trash.
@@marilynbenn2083 its the unfortunate reality ..
Who the hell cares how she made the money (and why would that even be relevant to the situation?), the fact is that she wants to protect the money she has made and should be allowed that right.
Is there any way a guy can protect his assets? Should rich guys stop getting married in the first place to avoid such mishaps?
That's exactly what I'm going to do if I ever get money: go to Vegas and get a hooker to smash and then dash away home.
I think Medicaid has a ~60 month lookback period. The state exempts itself from the prenup---I'm SHOCKED!! Shocked, I tell you...
Are prenups worthless?name any other contract that is so bad that you need ANOTHER contract to protect yourself and what lawyer or accountant or financial advisor or anybody with legal or fiduciary responsibility ever advise a client to get married in any capacity is beyond me
A prenup can and will work, if you do it right. Don’t force or coerce her into signing. Get her to sign it well in advance of the marriage Don’t lie about your assets. File properly. A prenup will not and should not protect you from child support. My ex left with what she came in with, and anything we acquired together, the monetary value was split.
She could just lie you know. That you coerced her into signing it.
@@overlord3481 that’s why you only sign the prenup, in the presence of legal representation. You’d have to be a fool to do otherwise and she would still have the burden of proving she was under duress, when she signing it. Make sure the prenup is clear and precise, never vague. Always have her sign the prenup far in advance of the wedding, and do it in front of legal representation.
@@td3141 legal representation for the wife only or for you also? After all, I think it would be a waste to pay for 2 lawyers. Only need it for the wife, since she is the one who will initiate the divorce.
@@overlord3481 you don’t need to pay for two lawyers. You can hire a prenup lawyer to represent both of you. You can go online and find them everywhere.
@@td3141 can the terms of the prenup be one-sided: made entirely by the man with 0 financial gain (no alimony and asset division) by wife after divorce? Or does the wife have to add in her own terms?
Fine, you explain what not to do. How about what Florence could have done?
Why can't they just get a divorce first and send him to the nursing home?
I was wondering the same!
Mandy governmental agencies will follow laws that have "look-back" periods. If a certain law will look back 3 years, and sees you throw away assets to friends and relatives, you could be on the hook regardless.
Why don't they just divorce?
If I'm ever on life support, just unplug me. Then plug me back in. That usually works 🤣🤣
Seems like laws need to be changed for lawyers that mess up.
How “worthless” is a prenup in Louisiana if you had and keep acquiring rental properties in Louisiana.
Moral of the story is don’t marry Florence. When things get tough she will leave you out to dry. 😮😂
Putting herself and her children in front of your well being. The biggest risk in marrying someone with children from previous relationships.
if a lawyer tells you this fire his ass and sue him
Lets say Frank hasn't been diagnosed yet, as in your story. What would happen if they divorce with Frank keeping his $100,000.00 and she keeps the house and everything in it. She offers to let Frank stay in the home paying rent for now. Now that Frank only has $100,000 and is renting would her assets be protected?
I think she might get to keep her assets if they divorce before sh!t hits the fan, or i might be wrong.
If they live in the same house, and have what is obviously an intimate/couple relationship, they’d be considered common law spouses no matter what. You can’t avoid the govt fucking you over.
Some folks at Medicaid may know the answer to this question.
So, what would have been the solution had they asked about this before getting married ?
Even if there was a prenup involved, a divorce depending on how drawn out the opposing lawyers make it out to be can drain you financially and mentally. That rental property you have across town that will help with your retirement plans? That'll need to get sold off to pay for lawyers fees averaging ~$800. Obviously each divorce is unique, and the start of things all happen with asset evaluations.
Yeah. My state has a limit on how much an attorney can charge to administer an estate at death. A percentage of the net value of the estate.
But, when one gets attorneys into negotiating a divorce, there is no limit. Even though it is essentially going through the same steps: Determine what the estate holds, net value and distribute according to law and agreement.
Why does it take so long to get to the point?
But for real tho what’s the whole point of a prenup. It makes me not want to get married legally so I don’t lose anything if something does happen. I see so many men lose everything they worked for and even if they had a prenup they still get some of your shit? Nah
Long-term care insurance could've helped with this situation. She could have placed in the prenuptial agreement that Frank needed to have one.
Great video. I wonder what other tricks government has
Why is this a trick? Why do you expect "the government" (taxpayers) to pay for you or anyone else? Especially when you and yours have the ability to pay on your own?
How they play with the debt and tax slaves. Who are they to decide for your assets and all.
What if she put her money and assets in a trust. Would she then be protected?
This scenario is common sense since they're still married and the guy is going to a nursing home, of course she had to pay up. We're more concerned about today's skanks walking down the aisle and then filing for divorce for their golden parachute. Does a prenup protect against that or not?
Awesome question. This guy should be telling us about that instead of this nursing home nonsense. My advice is if you're a man and have any assets or cash and wealth built up at all do NOT get married. The woman is choosing you over someone else for a reason and it's thos things and her stability and life on easy street
Still working through these videos....
Only if you are on Medicaid? I thought this was for low income people? How did she qualify??
Would have been best if they both had separate trust that were non-marital assets?
True... For a community property state, no?
You are The GOAT!
The original intent and purpose, for the prenuptial agreement was the act of preventing either partner from abusing the legitimacy of a true, honest, faithful marriage. Before, and when each partner sat down before a legal binding contractual agreement, under a supervision from a lawyer, would fully understand the legal findings with NA prenuptial agreement that would happen after a full understanding of disclosures and clauses were clearly identified. In the clause of a true and legal binding prenuptial agreement would clearly explain that if either partner was unfaithful to one another that, the said individual would forfeit any and all supporting rights under a divorce when the faithful party would possess all rights and claims over assets and custody over children, because of the unfaithful partners, extra marital affairs, or the dishonesty of entering a true binding loyal marriage.
Many are under the assumption that prenuptial agreements, only protect, rich billionaire men from Golddigger females which, is absolutely faults and incorrect!
Prenuptial agreements are not solely for protecting individuals from losing assets and financial wealth from a fraudulent marriage!
Prenuptial agreements were meant to uphold the very old traditional marriage laws that were in affect from the 1800 time frame and earlier. Yes, it was an agreement to uphold faithfulness between each other. It wasn’t until later that the purpose and meaning of the prenuptial agreement was tainted with faults accusations as to miss trust. The original intentions for both couples to agree to a prenuptial agreement was to agree that both couples were entering into a marriage that was pure and purely based on faithful love towards one another, and if one violated the covenant of marriage, then they lost all protections and rights under a divorce proceeding.
What would happen if she divorced him a year earlier?
Will this also help in California?
60 years old, and divorced for 25 years. My GF of 6 years wants to get married. I’m 4-6 months away from selling my businesses to a Private Equity firm, and she’s turning up the heat on me. I don’t want to remarry, but I don’t want to lose my GF🤔
RUN. It will be one of your best decisions.
so she divorces to protect her assets?
If my husband want kids then prenup is a big NO because I have to sacrifice my body and career for him then I deserve a compensation.
you don't want children?
So before frank goes into the nursing home you gift everything you own to your children and deal with the taxes?
Nah, Medicad has what's called a look back period. In California it's extended up to 30 months. Other states vary
Tf is the point of a prenup then. The system just love taking people money
what if assets are in a trust ?
Worthless? No. Should it be trusted as the be-all end-all safety net? NO.
Arent I paying the lawyer all this money to help me and finalize all this information? If lawyers, who go through the bar exam and rigorous training are constantly getting things wrong, then what is the damn point of them? Why do I have to watch youtube videos or research information that the lawyer is supposed to be 100% on? The system and the people who are a part of it seem very flawed, and it seems you are better off not playing the "game" altogether at this point...
The era of the lawyer with a general practice has gone bye-bye since my grandfather passed away four decades ago. I would say the overwhelming majority of lawyers today specialized in a certain field of law.
What the host of this video was pointing out is that a divorce attorney is not necessarily the best you can do for estate-planning. This is where you need the host, and estate planning lawyer specializing in: estate planning.
This is a different kind of pre-nup where they are still married.
The best way to avoid someone getting at your assets is never get married or live in a state that has common law marriage marriage makes things worse by adding more stress if someone really likes you than they wont care if you get married or not if they pressure you to get married just leave them they just want you for financial security only suckers get married think about it with the divorce rate so high and women wanting to initiate the divorce 85% of the time who the the right mind would sing half their life away for a stinking one way contact that only benefits the woman
The number one thing they'll get me to throw a woman in the trash can regarding a relationship, even above smoking or having tattoos or posting idiotic videos on Tik-Tok, is if she says or otherwise acts like she's just with me to use me as a ATM full of currency.
Marriage is a contract. A prenup is a contract to protect you from that contract. Begs the question---Why would I enter the first contract?
Of course, they could just get a divorce if one party has to go into a nursing home???
If you break fifty unmarried, stay that way. As to pre-nups, both lawyers and both parties must be in one or the other lawyers registered office, all four together, and all four fully informed as to the contract WORD FOR WORD, and both must agree totally, in writing, signed and sealed by both parties and both lawyers IN TOTO, and in triplicate. The pre-nup is otherwise worthless. FACT
If you have real wealth, never keep it in your name. Push comes to shove, divorce Frank and cut ties.
Moral of story: don’t have assets
What about if she leaves you
she should have gotten a trust
competely removed ownership of these assets
The lead in story is too long.
very good
Valid ? prenups cost money so does marriage, so does divorce just don t.
What Happens if they divorce ?
Never get married and submit to tyrannical laws of the State. If you must co-habitate, take all steps to avoid the Government declaring you married (against your will). Even with all this most likely you will be in trouble if you have accumulated anything and want another person in your life. Sad but true.
8:38 you’re welcome.
Man this guy takes a long time to get to the point
I dont involve the U.S. government in my relationships. Solves all that. If she want child support, id rather go to jail. My friend never paid child support. He went to jail for a while but not that long. Il take the jail. lol. If she wants all the good stuff and life i got, she has to stay, not leave. Thats it.
This is good! I knew this was the case. When I learned what a Pre-nup was I was thinking “There is so many ins and outs” it’s not really worth it. Of course to each his own and I understand the priority and security of paperwork but marriage is more predictable than divorce 😂
Also,states and regulations can change too,unfortunately. That’s what they don’t tell you 🤷🏽♀️
Might as well WING IT. I think marriage needs to be seen as more of a commitment than just merely a binding of love. It’s very serious & coming with honesty is the best policy. Not merely because of integrity but also,a divorce can still be messy whether you have the paperwork or not. Family and estate planning I would rather just do it the traditional way,and forsake the pre-nup. There is so many stereotypes about a pre-nup that are super wrong.
Not really the traditional way, considering that men in the past got out just fine after a divorce, because it was easier to hide your assets and the court system wasn't as feminist as it is now. Traditional marriages are dead in the US.
99percent of women say they prefer to do it without prenup. Funfact though 95 percent of women stand to gain from their spouses than men gain from them. Also 9/10 divorces are initiated by women...possible correlation? Better to secure a "parachoute fund for yourself as a man.
☝🏻#1 CAUSE of Divorce……?
…MARRIAGE. 😀
Wouldn’t Florence be better off divorcing Frank?
If she drank the koolaid and was taught by her mom or whomever growing up that there’s an eternal war between the sexes (assuming you’re a nice guy, who’s truly not a sexist prick), she’s going to be bringing that hostility to the table everyday to some degree even if you’re not returning said hostility.
So no, saying “dON’t gEt mArRIed” is painting with too broad of a brush.
HOWEVER
Good rule of thumb: don’t get married unless she also recognizes (so that you guys can joke about it or whatever) that divorce and family court is generally going to f**k you as the husband. If she tries to pretend “What, that’s not true. You’re overreacting/sexiest/paranoid etc.”, it’s a pretty good indicator she doesn’t have her head on straight.
It also doesn’t hurt if she’s the one who wants to change her name. Again, not specifically because of whether or not your future-wife changes her name, but it’s a pretty good barometer/indicator of how she feels about other things……..
why the hell do we get married from the first place?!!!
So long winded.
Just like my farts after a late night Taco bell run
@@jjlatinopedia, Burrito Supreme?
@@HELLH0WNDWith all the mild sauce, yes.
what a weird example, if your spouse needs money for treatment or nursing home, the hypothetical lady shrugs off saying she has a prenup. She might aswell go to male strippers than marry someone, if she cant help a man with whom she spent 10 yrs of her life. When she dies would she ask people to put that money in her coffin. Unless children are disabled from earning decent money whats the point in leaving money for them to enjoy.
yeah i'll never get legally married
So if he has $5 and you have $11, get a prenup.
Divorce Frank
This vid would be 1:30 min long without the unnescesary storyline.
Yah, but the store line added context for me, so ...
You could be stuck paying for child support
Does this law work the same way if you have a gold-digging wife that'll try to take everything you got in divorce
From what I've been watching on red pill videos the past 3 years: Yes.
This scenario is non-sense. Let's do the REAL scenario. The MAN has all the money. HE gets the prenup. SHE bangs the poolboy and he tosses her out. Then SHE burns the prenup and takes it all.
prenup is good if you don't have a child ever, never have a child. if you get a child. prenup goes down the trash can.
That's ridiculous bro, I'm a man and I'm going to reproduce... marriage no...🤷♂️
@\\xyz You don't become common law just by living together, you have to also call each other your spouse and have proof or witnesses asserting this was the case.
U never have a kid. Other guys can.
Yea they get the money but using the children because they just name whatever number they want and if they know how much you have then they go after it
This right here, if you have a child you might as well throw that crap in the trash
So don’t get married. Got it!!!
Get to the point dude, video is too long
Never get married
Just get divorced stay together
I have to quit smoking, that's not fair to Elon's assests.