1. (a) If the real property of a deceased recipient is occupied by a surviving spouse, the division may not assert the division's lien or claim during the lifetime of the surviving spouse unless other claimants or persons have opened an estate and are attempting to enforce claims.

2. (b) If other claimants or persons have opened an estate and are attempting to enforce claims, the division shall file and assert the claim for recovery of old age assistance.

   [Pre-1992 Revision Citation: 12-1-19-1(c).]

As added by P.L.2-1992, SEC.8.