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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 74 39.1. Exclusion In determining the resources of an individual (spouse) who is of Indian descent from a federally recognized Indian tribe, any interests of the individual (spouse) in trust or restricted lands are excluded from resources. 39.2. Verification If an individual Indian alleges an interest in trust or restricted land: • Obtain a copy of any document or documents that might identify it as such; and/or • Verify the allegation with the appropriate Indian agency.

40. Inheritances and Unprobated Estates An inheritance is cash, a right, or non-cash items received as the result of someone's death. An inheritance is a death benefit. Until an item or right has a value (i.e., can be used to meet the heir's need for food, clothing, or shelter), it is neither income nor a resource. The inheritance is income in the first month it has a value and can be used to meet the individual’s needs. If retained, it becomes a resource the following month. Use the policy in this section to determine the availability and the equity value of the inheritance and the policy in Death Benefits Chapter E – 29 to determine the resource’s net countable value. 40.1. Date of Receipt In Virginia, it takes a minimum one year for an estate to be probated. This period is allowed for the filing of a will, claims by creditors, and claims to contest a will. If there is no will to be probated, there are estate administration requirements that have to be followed. These, too, may take a long period to complete. Because these timeframes prohibit the individual from using the inheritance to meet his/her needs, the inheritance is not income until earliest of: • The date the individual alleges receiving the inheritance (using a signed statement from the individual or documents in the individual's possession); or • The date the estate is closed (which may be determined by contacting the court or an attorney involved in the closing of the estate); or