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Page | 174 If the resource is owned jointly with non-household members, the resource is limited to the household’s share.

If the resource is jointly owned and not accessible to the household because the joint owner(s) refuse to sell, and the household cannot sell the resource without consent of the joint owner(s), it is excluded until the household may sell the resource.

M. Exclude resources whose cash value is not accessible to the household, such as, but not limited to, irrevocable trust funds, security deposits on rental property or utilities, property in probate, and the real property that the household is making a good faith effort to sell at a reasonable price and that has not been sold.  The Specialist may verify that the property is for sale and that the household has not declined a reasonable offer. Collateral contacts or documentation such as advertisement for public sale in a newspaper, or real estate broker listing are acceptable methods of verification.

Resources will be excluded if they cannot be sold for a significant return. A significant return is defined as over $1500. If the sale of the resource is unlikely to produce over $1500 for the support of the household, the value of the resource is excluded. Verification of the resource exclusion is required only in questionable situations; however, documentation is mandatory. Funds in a Uniform Gifts to Minors or Uniform Transfer to Minors Act accounts are considered a countable resource regardless of whether or not the guardian is a member of the household or will release funds from the account.

Funds in a trust or transferred to a trust and the income produced by that trust are considered inaccessible if: 1. The trustee administering the funds is either: (A) a court, or an institution, corporation, or organization which is not under the direction or ownership of any household member, or (B) an individual appointed by the court who has court-imposed limitations placed on his/her use of the funds which meet the requirements of this paragraph; 2. The funds held in irrevocable trust are either: (A) established from the household's own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the household creating the trust, or (B) established from non-household funds by a non-household member. 3. The trust investments do not directly involve or assist any business or corporation under the control, direction or influence of a household member; and, 4. The trust arrangement will likely continue throughout the certification period; and, 5. No household member has the power to revoke the trust arrangement or change the name of the beneficiary during the certification period.

Example: A household member is one of four siblings who together inherit 160 acres of land. The household’s share is 40 acres. The household may sell the 40 acres without the consent of his/her siblings. The land’s value would be considered a resource unless the 40 acres were put up for sale (3660.K), or the household’s anticipated net return of the profit is $1500 or less.