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Take her property?

You say that you already OWN this and have for five years.
If you have owned this property then your mother has no property now and has not had any for five years. If your State will let her go on Medicaid now, she will complete the forms. Where it asks if she own any property the answer is NO, she does not own property.

I think that you should check this out with an elder law attorney or the mediCAID offices in your own state, given you have a question with legal and financial ramifications.

Now, if in saying "I have yea many brothers and a mother and we EACH" you mean that mother owns 20% of this property, yes, that 20% will be subject to Medicaid clawback after she dies. That would make it CRUCIAL, and not just advisable for you now to see an attorney before application for Medicaid. There may be, after death, a way for the brothers to buy out that 20%, and that would go to Medicaid. But this is something you can't get wrong, so time for expert advice.
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Reply to AlvaDeer
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I'm in illinois it was done by a lawyer 5 years ago but mom still has 20% we have been paying cash to keep her in a home but she is out of money and we are going to have to move her somewhere that medicaid. But wasn't sure he they take her land or tie it up somehow
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Geaton777 Dec 9, 2024
They may put a lien on it but not sure what happens if there are multiple owners. Please talk to a real estate attorney. We are not professionals and since we don't know all the details may not be giving you accurate suggestions.

FYI Medicaid does not "take" property, they do not want to be in the very messy real estate business. Instead they put liens on properties that need to be satisfied before another owner can take possession.
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Precisely how does the title read?
Is the property undivided interest? Or Joint Tenancy?
Was paperwork done by an attorney? Or did someone in the family pull a form off the web to do this and the form was a Quit Claim Deed?

If you are not understanding any of this, you need to get with a Real Estate atty to review exactly what was precisely done and what it means legally for everyone’s ownership. That info you take to an elder law atty experienced with LTC Medicaid applications.
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Cody35 Dec 8, 2024
It was done by a attorney
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You mean Medicaid, not Medicare. Are you saying this was arrangment was made 5 years ago so it outside your state's Medicaid financial app "look-back" period?

We are not professionals, just caregivers and care receivers looking to support each other. As mstrbill suggested you should consult a certified elder law or estate attorney. You don't even reveal what state you're in and Medicaid rules can vary by state.
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It is best to consult an attorney for this, especially one that specializes in elder and estate law.
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