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(2) If no response is received from the other owner, notify the beneficiary that the other owner’s response is required. Allow the beneficiary 12 calendar days to provide the information. If the information is not provided, send timely notice proposing termination for excess resources. C. Additional Circumstances Affecting Availability An asset may be unavailable to the a/b because of an unsettled estate, resulting trust, or alleged incompetence. 1. Unsettled Estate Verify if the a/b or financially responsible spouse/parent has a legal right to an asset if it is part of an unsettled estate. Assets are normally unavailable until the estate is settled (probated). a. Contact the Clerk of Court to determine availability. NOTE: Liquid assets may be available earlier if the account was joint with “right of survivorship” held by a/b. Contact the financial institution for verification. b. An estate which has been filed for probate is normally open up to 12 months unless there is a continuation approved by the Clerk of Court. Document the date at which the estate should be probated and contact the Clerk of Court later to verify availability. 2. Resulting Trust/Legally Binding Agreement Assets may not be available if there is a pre-existing agreement in which the a/b holds assets for another party but does not have an ownership interest. This pre-existing agreement is called a “resulting trust” or is sometimes referred to as a “legally binding agreement.” See V. below for procedures to evaluate a resulting trust/legally binding agreement. 3. Incompetency When countable resources exceed the allowable limit and it is alleged that the a/b is incompetent, assets may be excluded until a determination of competence can be completed. See VI. below for procedures when incompetence is alleged. D. Transfer of Assets When the a/b or the a/b’s spouse is requesting or receiving assistance with a nursing facility or intermediate care facility for the mentally retarded, inappropriate level of care bed in a hospital, CAP waiver programs, or Program of All-Inclusive Care for the Elderly (PACE), and the a/b, or a/b’s spouse, or legal guardian/POA makes a 16