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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

145 2. If an Individual or individual’s spouse is the beneficiary of a will, the inheritance is presumed to be available at the conclusion of the probate process or within 6 months if the estate is not in probate. 3. If an individual or individual’s spouse is eligible for a family allowance in a probate proceeding, that allowance will be considered available three months after death or when actually available, whichever is sooner. 4. Evidence demonstrating that the inheritance is not available due to probate or other legal restrictions must be provided to rebut the presumption. 8.100.5.P. Treatment of Proceeds from Disposition of Resources Treatment of proceeds from disposition of resources is determined as follows: 1. The net proceeds from the sale of exempt or non-exempt resources are considered available resources. 2. The net proceeds are the selling price less any valid encumbrances and costs of sale. 3. After deducting any amount necessary to raise the individual's and spouse's resources to the applicable limits, the balance of the net proceeds, in excess of the resource limits, shall be considered available resources. In lieu of terminating eligibility due to excess resources, the client may request that the proceeds be used to reimburse the Medical Assistance Program for previous payments for Medical Assistance. 4. The proceeds from the sale of an exempt home will be excluded to the extent they are intended to be used and are, in fact, used to purchase another home in which the individual, a spouse or dependent child resides, within three months of the date of the sale of the home. 8.100.6 Aged, Blind, and Disabled Medical Assistance Eligibility 8.100.6.A. Aged, Blind, and Disabled (ABD) General Information