1. (1) Ownership interest in Real Property -- Establishment of ownership interest may be obtained by:

   1. (a) Assessment notice;
   2. (b) Recent tax file;
   3. (c) Current mortgage statement;
   4. (d) Deed;
   5. (e) Report of title search;
   6. (f) Wills, court records, or relationship documents which show rights of an heir to the property after death of the former owner.
2. (2) The laws of the State of Alabama regarding the validity of deeds, wills, mortgages, and other instruments which convey legal title to real property will govern all such determination.
3. (3) Types of Ownership -- The type of ownership in real property is determined by the instrument, if any, conveying the real property, and by Alabama law. Ownership interests arising through the death of a spouse or other relative are governed by the Alabama laws of descent and distribution and by those Alabama laws providing for the spouse and family of a decedent.

Statutory Authority: State Plan; Social Security Act, Titles XVI, XIX; 42 C.F.R. §§401, et seq.; 20 C.F.R. §§401, et seq.

History: Rule effective October 1, 1982.