THEATTORNEYGENERAI. 

PRICE DANIEL 

ATTORNEY GENERAL 

OFTEXAS 

AULWTN 1% TEXAS 

October 2, 1947 

Hon. 3ohn 

Executive 

H. Winters, -. Opinion No. v-396 

Ulrector 

Denartment of Public Welfare, Re: 

~&tin, Texas 

The effect to be ac- 

~corded funds in the 

Registry of a Court 

which are available 

to the recipient of 

an inheritance in 

determining his eligibility for old age 

assistance benefits. 

Dear Sir: 

B-834 

Your request for an opinion by the department upon the above subject matter is as follows: 

"We shall appreciate your opinion and interpretation 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 assistance. 

"A former recipient's grant was denied on 

the basis that be had c$419.@ in the registry of the district court. He alleges-that 

the money is not his and not available, and 

therefore, that the department?s polic 

exempting from consideration $300 whit 1 

of 

is 

possessed by any recipient in accordance 

with the recommendation of t?le 49th Legislature, 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 under the terms of the relative's will, The 

sisters died intestate without 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 receiver was a pointed 

iii 

and the district 

court ordere the estates sold and the 

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 recipient, but he refused ta accept it stating that he did not think he had any interest in the estate as he was not mentioned 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 department 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 considered that the money is available to 

the recipient; and therefore, an amount 

in excess of the $300 which may F3 epossessed 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 money 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 deposited in the registry of the court by 

the receiver constitutes a resource as expressed 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 subjeet 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 Department adopt a rule allowing applicants for and recipients 

of aid to the needy blind or old age a 

sess as ,much as Three Hundred Dollars 8 

istance to pos300.00) 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~has adopted the 

rule thus stated in the resolut E on and shall answer your 

specific question upon that assumption. 

It is our opinion under the facts stated by' 

you, that the ,conclusion of your department was 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 instrument was filed. The recipient 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'adjudged to belong to a 

reci 

x 

ient of Old A 

8 

e Assistance Benefits in 

the istribution o a decedent's estate 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 A rticle 695~~ Vernon's 

Civil Statutes. 

APPROVEDr 

Yours very truly, 

ATTORNEY GENERAL 

OSrwb 

Assistant