Rule 23-103-3.6 - Inheritances and Unprobated EstatesA. 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; orb) Receives income from the property; orc) 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; orb) 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; ord) 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.23 Miss. Code. R. 103-3.6
Social Security Act §1902 (r) (2); 42 CFR §435.601(b) (Rev 1994).