Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 103 - Resources
Chapter 3 - Non-Countable Resources
Rule 23-103-3.6 - Inheritances and Unprobated Estates
Universal Citation: MS Code of Rules 23-103-3.6
Current through September 24, 2024
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.
Social Security Act §1902 (r) (2); 42 CFR §435.601(b) (Rev 1994).
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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