A life estate (or "life interest") is an interest in real or personal property that is limited to the life of the client. The life interest is lost, upon the death of the client.
Do not treat the life estate as an available asset. However, a lien may be filed on real property. See PM 23-09-01 for liens.
For LTC cases, SLF cases, and for Medical cases applying for or receiving in-home care services through the Department on Aging (DoA), creating a life estate, or liquidating property in which the client has a life estate, is subject to the asset transfer policy (see PM 07-02-20). To determine if the client received fair market value:
- For transfers creating a life estate, compare the equity value of the transferred property to the value of the life estate and the amount received.
- For transfers of a client's life estate, compare the value of the life estate to the amount received.