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by tenancy-in-common apply to the entire property. The equity in the tenancy- in- common interest in real property is:
(1) The current market value of the property multiplied by the tenancy-in- common share, (2) Less the encumbrances on the property multiplied by the tenancy-in- common share. c. In the event there is an encumbrance that applies to only the tenancy-in- common interest, subtract the full amount of the encumbrance from the result of the current market value of the property multiplied by the tenancy-in- common share. If an encumbrance applies only to the other tenancy-in- common share, do not deduct from the a/b’s tenancy-in-common interest.
F. Single Premium Endowment Policies
The policy is an endowment investment instrument similar to an annuity that is not actuarially sound. The pure endowment policy pays a benefit only to those individuals who survive a certain period of time. The policy has no cash value and payments are irregular or a balloon payment at maturity. The purchase of a single premium pure endowment policy is considered an uncompensated transfer. Count the total amount of the purchase price of the endowment policy as the uncompensated value of the transfer.
G. Regular Donations/Gifts
A pattern of giving regular donations/gifts to charities, religious organizations, or family members can indicate intent other than to qualify for Medicaid. For example, the a/b regularly gives each family member $1,000 at Christmas and birthdays. Do not impose a sanction when an asset was transferred solely for a reason other than to become eligible for Medicaid.
1. In making the determination, consider the following: a. The a/b’s or the a/b’s spouses’ age, general health, living arrangement, and amount of assets retained to meet future needs at the time of the transfer.
b. How the a/b expected to meet their medical and other living expenses without the transferred asset.
c. Whether the transfer by the a/b or the a/b’s spouse to a charity, religious organization, or family member was made when the a/b or the a/b’s spouse did not anticipate needing long-term medical care.
2. Document the response provided to the considerations listed above. The a/b or the a/b’s spouse or the a/b’s or the a/b’s spouse’s representative must also provide a written description of the gifts/donations, including date, amount, and beneficiary.
3. In addition to the written evidence provided as listed above, evidence from other