If a customer intends to transfer resources but can only do so after legal action, the customer must initiate the necessary legal action as soon as is practical. If a court order is required, allow an extension of time beyond the first redetermination only if the customer can prove the court process began within 90 days after the date of notice. The resources do not affect eligibility during this period.
Do not delay approval of an application because of a pending transfer of resources if all other information is available to determine eligibility. If resources are not transferred by the first redetermination after the case has been open one year, they are considered available and affect the resident's eligibility.