Montoya v. New Mexico Human Services Department

OPINION

MINZNER, Judge.

Claimant Manuel Montoya appeals from a decision of the Human Services Department (HSD) terminating his food stamp benefits. Claimant’s wife, Maria, had attempted to make a gift of land to her children, but she continued to hold legal title. HSD determined that under these circumstances, claimant had an accessible resource valued in excess of the $3,000 permitted for program eligibility. See 7 C.F.R. § 273.8(e)(8) (1987). This appeal raises issues of first impression: whether an oral gift of real property is enforceable in New Mexico and, if so, whether land that is the…