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5. Forward a copy of the trust document to DHB, Third Party Recovery Section, 2508 Mail Service Center, Raleigh, N.C. 27699-2508.
C. Transfers To Pooled Trusts
Refer to MA-2230 Financial Resources XI. C. Types of Trusts for definitions.
1. Transfers of the a/b’s assets made to a Pooled Trust on or after July 1, 2026, regardless of age, are allowable as long as it meets all criteria described in MA- 2230 Financial Resources XI C.4. Note: Transfers to Pooled Trusts made prior to July 1, 2026 for an individual age 65 and older must still be evaluated for a transfer of assets.
2. Any disbursement from a Pooled Trust that is not for the sole benefit of the individual must be evaluated for a Transfer of Assets. Evaluate disbursements at application and each redetermination.
D. Purchase of An Irrevocable Burial Contract Assets used to purchase an irrevocable burial contract are an allowable transfer and create a trust when: 1. The contract is purchased for the benefit of the a/b, their spouse, child under 21, or blind/disabled child of any age, and
2. The contract lists each burial item and/or service, and
3. The services are equal to the transferred assets’ value.
IX. NON-ALLOWABLE TRANSFERS
This section will explain the types of transfers that are non-allowable. Some transfers have special rules based on the type of asset transferred. Apply the following rules.
A. Date of Transfer for Real Property or Interest in Real Property
The date of transfer for real property is the day the deed is signed by the grantor, delivered, and accepted by the grantee. Unless fraud is suspected, it is presumed this is the date recorded on the front of the deed. The deed does not have to be notarized or registered to be a valid title transfer. However, a deed of gift must be registered within 2 years to remain valid. B. Transfer of Contiguous Property When The A/B or A/B’s Spouse Does Not Have Ownership Interest in the Principal Place of Residence. Refer to XV. Transfer of Assets Glossary definition for Contiguous Property.
1. Up to $12,000 value of contiguous property is excluded in determining resource eligibility (See MA-2230, Financial Resources) when the a/b or the a/b’s spouse does not have ownership interest in the principal place of residence. This