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FOOD AND NUTRITION SERVICES CERTIFICATION INCOME AND RESOURCES FNS 390 RESOURCES

23 Section 390 Change #02-2024 October 1, 2024 c. If the other owner fails to respond, do not count the FNS unit member's share. H. Resources jointly owned by residents of shelters for battered women and children and a former household member are considered inaccessible if access to the value of the resource is dependent on the agreement of the joint owner who still resides in the former household. I. Request verification of the value of jointly owned resources at application and when there is reason to believe the joint ownership has changed. 390.18 RESULTING TRUST When the FNS unit states that it is party to a resulting trust, use this section to determine if the value of the property must be counted or excluded. A. A resulting trust exists when a person: 1. Has resources in his name for the benefit of another person; and 2. Did not contribute his own funds to the resource; and 3. Retains no legal interest in the resource; and 4. Would not benefit from the use or the disposal of the resource. B. A resulting trust can be established for any type of resource, including, but not limited to: 1. Stocks and Bonds. 2. Bank Accounts. Example: A FNS unit member has his name on his mother's checking account because his mother is in a nursing home. The money in the account is his mother’s money and is used to pay her bills. Since a resulting trust exists, do not count the money in the account as a resource to the applicant. C. These procedures also apply if a resulting trust exists between a FNS unit member and a Work First and SSI recipient. If the resulting trust is between spouses and there has been no legal divorce, count the value of the property since a resulting trust cannot exist between spouses.