Ann-Margaret Carrozza, a practicing elder law and trusts and estates attorney, writes: One's right of election is routinely waived in the context of executing a prenuptial agreement. This is especially true in second marriages so that property accumulated during the first marriage passes to issue of that marriage as opposed to the new spouse. People often do not realize that this waiver can be treated as a transfer of property for Medicaid eligibility purposes.
Surprising Effects of Prenuptial Agreements on Long-Term Care
New York Law Journal
January 28, 2013
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