QMC

Availability of Inheritance

If the claimant has property, which was willed to him or to his spouse, the exact terms of inheritance must be secured from the will.  The claimant or his spouse may share the inheritance with other persons and hence own only a proportionate share of its net real value, or may have only a life interest in it.  If there was no will, it is necessary to ascertain the interest a surviving spouse of the deceased person has in the estate and whether there are surviving children of other heirs.

In determining eligibility for assistance on the basis of ownership of property, the interest of an applicant or recipient in property of any kind acquired by inheritance will be considered at the time it is actually available to him.

The general principle to be followed in inheritance of real property is that ownership begins with the date of the testator’s death. 

Title to personal property vests in the personal representative of the heirs (administrator or executor) until administration is completed and the estate is fully settled or distributed.  Therefore, in determining eligibility with respect to ownership of cash or negotiable securities, determine from the records of the Probate Court and from the administrator of the estate the date on which such property will actually be available to the applicant or recipient.

Missouri Department of Social Services Income Maintenance Manual.

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