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Aged, Blind and Disabled Policy Manual Number: 110.060 Section: Financial Eligibility Requirements Chapter: ABD Inaccessible Resources August 01, 2024 TennCare 5 • Substantiation (by deed or the written statement of a licensed real estate agent or an attorney) that the individual is unable to sell his interest in the asset without the consent of the co- owner(s) OR that his individual share is unsaleable. Note: If it is necessary to hold the application pending beyond the processing time limits, secure the individual’s written permission to do so. c. Joint Ownership Policy at Redetermination If the asset has not previously been excluded as described in this item, do not continue to extend benefits at review until the asset has been demonstrated to be unavailable as described above. Take steps to close the case observing standard adequate and advance notice requirements. Once the asset’s inaccessibility has been verified and the individual has reapplied, benefits may be extended retroactively to the date of closure provided the individual was otherwise eligible. At least 30 days before the review is due, secure the joint owner’s written statement regarding his position on the sale of the asset and the purchase of the individual’s share, if applicable. Request that the individual present written substantiation of his inability to sell the asset as described above. Continue to exclude the value of the asset if the individual’s claim of inaccessibility is supported by the joint owner’s statement. 5. Ownership Interest in an Unprobated Estate If the individual has inherited an interest in real property that is part of an estate still in probate, her interest is a countable asset because she can legally sell it. It may, however, be difficult to do so. Exclude the value of the asset if the individual can demonstrate that he is unable to sell his interest by providing statements from two knowledgeable sources, e.g., an attorney or real estate agent, that his interest cannot be sold. The exclusion can be applied to the asset only while it remains in probate. Extend benefits only after the inaccessibility of the asset is substantiated as described above. Secure the individual’s written permission to hold the application pending beyond the processing time limits, if necessary. Do not continue to extend benefits until receipt of current verification that the asset is unavailable. 6. Inability to Locate a Buyer a. Policy Statement If the individual owns an asset for which he has full use rights and the unrestricted right to sell, and he is making reasonable efforts to sell the resource, but he is unable to locate a buyer, his equity value may be excluded as a countable resource. Before the property may be excluded, the