### THEATTORNEYGENERAI.

PRICE DANIEL ATTORNEY

GENERAL 

### OFTEXAS

AULWTN 

### 1%TEXAS

October 2, 

### 1947

Hon. 3ohn Executive H. Winters,



### -. Opinion

### No.v-396 Ulrector Denartment of PublicWelfare, Re: ~&tin, Texas The effect to be ac- ~corded funds in the Registry of a Court which are available to the recipient of
an inheritancein determining

his eligibility for old age assistancebenefits. Dear Sir: 

### B-834

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

"We shall appreciateyour opinion and interpretationof the provisionsof House ConcurrentResolutionNo. 33, Acts of the 49th Legislature,

regarding cash which may be possessedby recipientsof old age assistance.

"A former recipient'sgrant 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 possessedby any recipient in accordance with the recommendation of t?le 49th Legislature, as exprecsed in Rouse Concurrent ResolutionNo. 

### 33, does not apply in his case on the basis that it is not possessed and is not available.
"Accordingto the informationfurnishedthe department,this recipient'ssisters received

an interest in an estate from a relativeunder the terms of the relative's will, The sisters died intestate without heirs, and when their estateswere 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 originalwill, 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 department has discussedthe matter with the clerk of the districtcourt 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 statementthe department has considered that the money is availableto the recipient;and therefore,an amount in excess of the $300 which may F3 e possessed by a recipient in accordancewith House ConcurrentResolutionNo, 33 is a " potentialresource 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 possessedby him, we shall appreciateyour 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 ConcurrentResolutionNo.' 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 Legislatureexpressedwith referenceto the subjeet matter thereof, as it clearly purports to be. ItHim. John H. Wintwa - Page 3 

### .('V-396)

declares "that ,itis the sentiment and desk3 s: i‘:2!e Texas‘Legislature that the StatePublic Welfare Department adopt a rule allowing applicantsfor 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 regardlessof the source from which such assets are reallsed or received,without being subject to denial of assistancegrants or applications,if otherwise eligible." We assume, however, that the De artment~hasadopted the rule thus stated in the resolut Eon and shall answer your specific questionupon that assumption.

It is our opinionunder 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 possessedby and available to him within the meaning of Article 695c, Vernon's Civil Statutes. No question of waiver or disclaimeris here presentedbecause it does notappear that any such instrumentwas filed. The recipientmay not now deny that he owns the amount adjudged to him by the Court nor may he say that such sum is not possessedby or available to him when it may be,had for the mere asking.

SOMMARY

A sum of money'adjudged to belong to a reci
xient of Old A8e AssistanceBenefits in the istributiono a decedent'sestate which has beenduly placed with the Clerk of the Court for delivery to the recipientand which he has refused to, accept, is money or property owned and possessedby and availableto, him within the meaning of Article 695~~ Vernon's Civil Statutes.

APPROVEDr Yours very truly,

ATTORNEY GENERAL

OSrwb Assistant