B-834
THEATTORNEYGENERAI.
OFTEXAS
AULWTN 1% TEXAS
PRICE DANIEL
ATTORNEYGENERAL
October 2, 1947
Hon. H. Winters,
3ohn
-. Opinion No. v-396
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 inheritancein
determininghis eli-
gibility for old age
assistancebenefits.
Dear Sir:
Your request for an opinion by the depart-
ment upon the above subject matter is as follows:
"We shall appreciateyour opinion and in-
terpretationof the provisions of House
Concurrent ResolutionNo. 33, Acts of the
49th Legislature,regarding cash which may
be possessed by recipientsof old age as-
sistance.
"A former recipient'sgrant 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?spolic of
exempting from consideration$300 whit1 is
possessed by any recipient in accordance
with the recommendationof t?le49th 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.
"Accordingto the informationfurnished the
department,this recipient'ssisters received
an interest in an estate from a relative un-
der the terms of the relative'swill, The
sisters died intestatewithout heirs, and
when their estates were settled our recipient
. 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 ordereiii
the estates sold and the
proceeds divided after encumbrancesand
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 determiningeligibility,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 departmenthas 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 ConcurrentResolution 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 possessedby
him, we shall appreciateyour opinion as
to whether or not this money which was de-
posited in the registry of the court by
the receiver constitutesa resource as ex-
pressed in House ConcurrentResolution No.'
33.”
House Concurrent "esolutionNo. 33 of the
49th Legislature (19A.5)is not an-act having any force
whatever as law, On the contrary, it constitutesonly
a recommendation,request, or desire on the part of the
Texas Legislature expressedwith reference to the sub-
jeet matter thereof, as it clearly purports to be. It
Him. John H. Wintwa - Page 3 .('V-396)
declares "that ,itis the sentiment and desk3 s:i‘:2!e
Texas‘Legislaturethat 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-
sess as ,muchas Three Hundred Dollars 8 300.00) in cash
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~hasadopted the
rule thus stated in the resolutEon and shall answer your
specific question upon that assumption.
It is our opinion under the facts stated by'
you, that the ,conclusionof your departmentwas correct
to the effect that the money in the hands of the Clerk of
the District Court was and is the money of the recipient
possessed by and available to him within the meaning of
Article 695c, Vernon's Civil Statutes. No question of
waiver or disclaimeris here presented because it does
notappear that any such instrumentwas filed. The re-
cipient may not now deny that he owns the amount adjudged
to him by the Court nor may he say that such sum is not
possessed by or available to him when it may be,had for
the mere asking.
SOMMARY
A sum of money'adjudgedto belong to a
reci ient of Old A e Assistance Benefits in
the xistributiono8 a decedent'sestate which
has beenduly placed with the Clerk of the
Court for delivery to the recipient and which
he has refused to,accept, is money or property
owned and possessed by and available to, him
within the meaning of Article 695~~ Vernon's
Civil Statutes.
Yours very truly,
APPROVEDr
ATTORNEY GENERAL
Assistant
OSrwb