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Life Estate - SNAP (Food Stamps)

In the Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamp Program), a life estate refers to an estate whose duration is limited to the life of the party holding it or to some other person. Upon the death of the life tenant (life estate holder), the property will go to the holder of the remainder interest. A life estate also can be ownership allowing the occupancy and use of real estate during a person's lifetime. Life estates are real property. Establishing a life estate is a transfer, i.e., causing right, title, or interest in real/personal property to pass from one person to another.

A resource in a life estate must be evaluated in determining eligibility for assistance just as any other interest or equity in real property must be evaluated. The terms of the deed must be considered in arriving at the value of the equity in the life estate. In evaluating the resource value of life estates, consideration should be given to the specific rights and responsibilities of the holder of a life estate that can be determined by examination of the deed.

A life estate in property not used as a home is a countable resource. A life estate in property used as a primary home is excluded.

If the life estate is countable, then the equity value (fair market value less encumbrances) of property in the life estate is used.

Assets that are owned jointly by separate households are considered available in their entirety to each household unless the household demonstrates that the assets are inaccessible. If the household can demonstrate that it has access to only a portion of the life estate, the value of that portion of the life estate is counted toward the household's resource level. The life estate is considered totally inaccessible to the household if the life estate cannot practically be subdivided and the household's access to the value of the life estate is dependent on the agreement of a joint owner who refuses to comply.

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