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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 7 Upon the death of one tenant by the entirety, the survivor takes the whole. 6.3. Property Rights Without Ownership of the Property An individual may have certain rights with respect to property without also having the right to dispose of the property. However, the individual may have the right to sell his/her right or interest, i.e., the right to use or possess the property. 6.3.1. Leasehold Leasehold does not designate rights of ownership. Rather, it conveys to an individual use and possession of property for a definite term and usually for an agreed rent. However, under common law, a lease could create a life estate. Due to the complexity of these arrangements, leasehold documents should be forwarded to the area AG Consultant who will determine if there is a need for legal review. If a legal review is needed, the papers will be forwarded to the AAG. • If the leasehold does not create a life estate, the leasehold is not a resource. • If the leasehold does create a life estate, evaluate the life estate as a resource. See Chapter E – 41. 6.3.2. Incorporeal Interests – Mineral and Timber Rights and Easements There are several types of real property rights called “incorporeal interests.” They do not convey ownership of the physical property itself. They convey the right to use property but not to possess it. These rights encompass mineral and timber rights and easements. These “rights” must be evaluated as resources. See Non-Home Property Chapter E – 49.

7. Property Essential to Self-Support Exclusion 1 – Excluded Regardless of Value or Rate of Return Property essential to self-support is real or personal property that is or was being used to produce income for the individual.

7.1. Exclusion