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Transfer of Interest in Real Estate to Child

July 14, 2009

Appellant’s spouse was sole owner of real estate. Appellant’s spouse transferred one-half interest to child. Child was not under the age of 21. Child was not disabled. Child did not provide care for greater than two years to appellant. DSS held that transfer made by spouse was for less than fair market value and imposed a penalty. Penalty based upon fair market value of the one-half interest transferred. Hearing Officer upheld DSS transfer penalty.

Fair Hearing Decision 7-14-09 (PDF)