*1 B-834 THEATTORNEYGENERAI.

OFTEXAS

AULWTN 1% TEXAS

PRICE DANIEL October 2, Opinion No. v-396 H. Winters, -. Hon. 3ohn

Executive Ulrector Denartment of Public Welfare, Re: The effect to be ac- ~&tin, Texas ~corded funds in the

Registry of a Court which are available to the recipient of an inheritance in determining his eli- gibility for old age assistance benefits.

Dear Sir:

Your request for an opinion by the depart- ment upon the above subject matter is as follows:

"We shall appreciate your opinion and in- terpretation of the provisions of House Concurrent Resolution No. 33, Acts of the 49th Legislature, regarding cash which may be possessed by recipients of old age as- sistance.

"A former recipient's grant was denied on the basis that be had c$419.@ in the regis- try of the district court. He alleges-that the money is not his and not available, and therefore, that the department?s polic of exempting from consideration $300 whit 1 is possessed by any recipient in accordance with the recommendation of t?le 49th Legis- lature, as exprecsed in Rouse Concurrent Resolution No. 33, does not apply in his case on the basis that it is not possessed and is not available.

"According to the information furnished the department, this recipient's sisters received an interest in an estate from a relative un- der the terms of the relative's will, The sisters died intestate without heirs, and when their estates were settled our recipient *2 . 1. - Hon. John H, Winters - Page 2 (V-396)

received an interest in their estates6 Following the death of the sisters a re- ceiver was a pointed and the district court ordere the estates sold and the iii proceeds divided after encumbrances and taxes were paid, The court determined the interests of the various heirs, and $419.89 was set aside as belonging to our recipient. Under the direction of the court a check was sent to the recip- ient, but he refused ta accept it stat- ing that he did not think he had any in- terest in the estate as he was not men- tioned in the original will, and too, he did not want to accept the money as he felt that his refusal would cloud the title to the property,

"In determining eligibility, the depart- ment has discussed the matter with the clerk of the district court who states that the money is in the registry of the court and will be given to the recipient at any time when he requests it. On this statement the department has con- sidered that the money is available to the recipient; and therefore, an amount in excess of the $300 which may F3 e pos- sessed by a recipient in accordance with House Concurrent Resolution No, 33 is a " potential resource to him and therefore, would render him ineligibfe,,

"Since the recipient insists that the mon- ey in the registry of the court would not, in effect, be available or possessed by him, we shall appreciate your opinion as to whether or not this money which was de- posited in the registry of the court by the receiver constitutes a resource as ex- pressed in House Concurrent Resolution No.' 33.”

House Concurrent "esolution No. 33 of the 49th Legislature (19A.5) is not an-act having any force whatever as law, On the contrary, it constitutes only a recommendation, request, or desire on the part of the Texas Legislature expressed with reference to the sub- jeet matter thereof, as it clearly purports to be. It

Him. John H. Wintwa - Page 3 .('V-396) declares "that ,it is the sentiment and desk3 s: i‘ :2!e Texas‘Legislature that the StatePublic Welfare Depart- ment adopt a rule allowing applicants for and recipients of aid to the needy blind or old age a istance to pos- 300.00) in cash sess as ,much as Three Hundred Dollars 8 moneys or in bonds or in other property, at any given time regardless of the source from which such assets are reallsed or received, without being subject to denial of assistance grants or applications, if otherwise eligible." We assume, however, that the De artment~has adopted the rule thus stated in the resolut E on and shall answer your specific question upon that assumption.