- TO:
- ALL COUNTY OFFICES
- FROM:
- ALYSON CAMPBELL, DIRECTOR
- SUBJECT:
- MO HEALTHNET FOR THE AGED, BLIND, AND DISABLED TRANSFER TO ESTABLISH ELIGIBILITY
- Manual Revision #10
- 1040.20.25
DISCUSSION:
The purpose of this memorandum is to correct information related to institutionalized spouses who are precluded from receiving an inheritance from their community spouse.
This section had stated:
This includes situations in which the will of the institutionalized person's spouse precludes any inheritance for the institutionalized person. If the institutionalized person does not contest his/her spouse's will in this instance, the inaction may be considered a transfer of assets, when a person is entitled to a portion of h/her spouse's estate.
The revised section states:
NOTE: This includes situations in which the will of the institutionalized person's spouse precludes any inheritance for the institutionalized person. The institutionalized person must elect to take against the will. Refer to Section 474.160 RSMo. Failure to elect to take against the will may be considered a transfer of assets equal to the value of the portion of his/her spouse's estate to which the institutionalized person would be entitled.
NECESSARY ACTION:
- Review this information with appropriate staff.
AC/jo