23 Miss. Code. R. 103-3.6 - Inheritances and Unprobated Estates

A. Unprobated Estates.

1. Under SSI resource policy, an ownership interest in an unprobated state may be a resource if an individual:

a) Is an heir of the deceased; or

b) Receives income from the property; or

c) Under state intestacy laws has acquired rights in the property due to the death of the deceased.

2. An ownership interest in an unprobated estate exists if:

a) Documents such as a will or court records indicate an individual is an heir; or

b) An individual has the use of, or income from, a deceased person's property; or

c) Documents verify, or the individual alleges, a relationship to the deceased that awards him a share under the state's intestacy laws; or

d) The inheritance, use of income and distributions are not contested.

3. Under liberalized policy, estates in the process of probation are excluded from the resource determination.

B. Inheritances.

1. An inheritance is cash, a right, or a noncash item(s), received as the result of a persons death.

2. Treatment under liberalized resource policy.

a) An inheritance is not a resource until the month following the month it meets the definition of income i.e., it has a value and can be used, either directly or by sale or conversion to meet basic needs. Thereafter, if retained, the property is evaluated as a resource.

b) If an applicant or recipient in a long term care program refuses or transfers an inheritance, the individual may be subject to penalty under the transfer of assets provisions.

Notes

23 Miss. Code. R. 103-3.6

Social Security Act §1902 (r) (2); 42 CFR §435.601(b) (Rev 1994).