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2. Determine if a resulting trust exists. The transfer is a resulting trust if: a. The asset is in another person’s name, but it is held for the benefit of the a/b and

b. The person holding the asset retains no legal interest in the asset and will not benefit from the disposal of the asset. c. If a resulting trust is verified, there is no sanctionable transfer.

3. The date of transfer depends on the action:

a. The date of transfer for an "or" account is the date the asset is actually reduced.

b. The date of transfer for an "and" account is the date the a/b reduces their control of the asset.

D. Transfers Involving Countable Trusts

Any time the a/b, financially responsible spouse, or parent creates a trust or becomes the beneficiary of a trust, report it to DHB, Third Party Recovery Section. The telephone number is (919) 527-7690. The fax number is (919) 831-1812.

1. Except for the specific trusts described in VIII. above, evaluate trusts created by the a/b with their funds as either: a. An available asset to the a/b, or b. A transfer of asset.

2. Refer to MA-2230, Financial Resources, to determine what portion of the trust is an available asset to the a/b. The amount that is unavailable to the a/b is subject to a transfer sanction.

3. Revocable Trust

Refer to XV. Transfer of Assets Glossary definitions for Revocable and Irrevocable Trusts.

a. The date of transfer for a revocable trust is the date a disbursement from the trust is made to someone other than the a/b.

b. The uncompensated value of the transfer is the actual amount paid to an individual other than a/b.

4. Irrevocable Trusts a. The date of transfer is the date the trust is established. b. The uncompensated value is the portion of the trust that was made unavailable