SI KC01120.215 Inheritances and Unprobated Estates

See SI 01120.215

A. BACKGROUND

Per SI 01120.215A an ownership interest in an unprobated estate may be a resource. If there are other owners (heirs) the status of the resource is dependant on whether the state requires the consent of the other owners to sell the property per SI 01120.215C.3.

We do not consider that an inheritance is a resource until the month following the month in which it meets the definition of income. Therefore, see SI 00830.550 and SI KC00830.550 for guidance on when an inheritance is considered income and how to determine its value.

B. STATE LAW FOR IOWA, KANSAS, MISSOURI, AND NEBRASKA

Iowa:

When an heir receives less than 100% interest in the property, he or she and the other heirs take the property as tenants-in-common. A co-tenant may sell, convey, lease, mortgage, or encumber his undivided interest in personal or real property, just as any other property he or she owns, without the consent of other co-tenants.

Missouri and Kansas:

The laws of Kansas and Missouri are similar to the laws of Iowa.

Nebraska:

When there is more than one heir, each heir receives a fractional undivided interest in real property as co-tenant. As co-tenant, an heir may sell, convey, lease, mortgage, or encumber their undivided interest in real property just the same as any other property they may own. The heir need not obtain the permission of other co-tenants to dispose of their interests.

The co-tenant may only convey their undivided interest in the property. They may not convey the entire property or any distinct part thereof, without the formal acceptance of the other co-tenants.

C. CONDITIONAL BENEFITS

If the inheritance is determined to be a non-liquid resource per SI 01110.300-.310 and the individual meets all non-resource eligibility requirements, but fails to meet the resource requirement due solely to excess non-liquid resources, then consider conditional benefits per SI 01150.200.

D. REFERENCES

SI 00830.550 Income Policy on Inheritances

SI KC00830.550 State Law Pertaining to Inheritances

SI 01110.510C.1 Explanation of Tenancy In Common

SI 01150.200 Conditional Benefits


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501120215KC
SI KC01120.215 - Inheritances and Unprobated Estates - 02/28/2002
Batch run: 01/27/2009
Rev:02/28/2002