Your request for opinion on the caplained matter has been given carefll consideration. Suci-12iuent reads as follows: "An old as assistenoe recipient who owns hes honestead free of a:oumbrapdes has expressed a de- sire to dead her homestead to the Department as repayment for the servides rendered her during her life. The dea-1s to be effective upon her death. "Ref 3 renoe In 1000 to 2000 Opinion 1:0, 0-6570-1 dated June 19, 1943 in which you expressed an cjinion that the Department of Jublic lelfare was not authorized by law to eacept repayment for assistance rendered unless it is established that the assistance received was obtained by fradulent name. In this same opinion you pointed out that although the Department could not accept repayment that 15 aight aobapt a gift. The question under considet tion at that time evolved around the acceptance of a casu gift of approximately $2,000.

A realize that the principle would probably be the same whether the property is in the form of casinor re:lty. He shall appreciate your opinion, however, in respect to the authority of the state Department of Jublic lelfare to a coept real estate from one of the recipients.

*2 Honorable John H. iinters, Fage 2 "If real property ay be accepted, would it make any difference as to whether the Department is given immediate title to the property, or if the transfer is effective upon the death of the reaipient? "Would it make any difference if the transfer is in the form of a dead to be effective upon the death of the reaipient or in the form of a will? "If the Department is authorized to accept such a gift, who under the law would be responsible for the acceptance and utilization of the property upon the effective date of the transfer?" "He have examined most carefully the Publio welfare Lot of 1941 (Article 6950, V.A.O.B.) but are not able to find any authorization to the Department to accept or hold title to real estate, nor can such power be implied to it from the powers, duties and functions granted and imposed upon it by the Lot.

There is nothing in law, however, which would prevent transferring the title to real estate to a trustee, with instructions to his to sell the property and deliver the proceeds to the state Treasurer, who, under Section 27 (2) of the Lot, is authorized to receive moniyg for the benefit of the funds named in said Section 27.

It would make no difference whether this transfer to the trustee be made in pregaentl or to take effect upon the death of the reaipient, or made by the will of the reaipient.

Yours very truly

ATTORNEY GENERAL OF TEXAS

ALMIms