South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:05 - Long-term care resource requirements
Section 67:46:05:08 - Life estate value

A life estate is considered other real property and is considered a resource to the individual applying for or receiving long-term care services or medical assistance. The value of a life estate is calculated by using the table contained in this section. If the individual has a life estate, find the individual's age on the table and multiply the corresponding figure in the life estate column by the fair market value of the property. The result is the value of the life estate and the amount considered a resource to the individual. If the individual has a remainder interest in the estate, use the applicable figure from the remainder column to compute the value.

If the individual thinks that the value established by this table is inaccurate due to the individual's life expectancy, a written statement from a physician, physician assistant, or nurse practioner which establishes an alternate, estimated life expectancy may be submitted to the department. The estimated life expectancy will be used, in conjunction with the Social Security Actuarial Life Table, to determine the comparable age for application of the life estate and remainder interest table.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.