Hi and welcome to JA. My name is XXXXX XXXXX I will be assisting you today.I appreciate the chance to help you.
Here unless the deed had specific language that grated a right of survivorship you would have to make application for probate for your brother.
There are a couple of possibilities here as far as medicaid. A homestead is exempt here for medicaid purposes so its possible he claimed it as his homestead.It is also possible here he omitted it from his application and committed fraud.Since he is deceased it is unlikely they would discover it at this point.
You are going to have to open court supervised probate and be named personal representative.Once this is done you would need court approval to sell the property.In that situation either you can purchase his interest or sell it all.The state would get his share and it passes to the heirs at law under the laws of intestacy.
It is more probable that he omitted it from his application and the state never caught it.Sometimes with jointly owned property they miss it.While it is possible the state could assert a lien they would have to do that once probate is open and chances here are real remote.
Thank you! It was not his homestead. That I am clear about. This is concerning to me. Should I notify anyone? Does the publication of the probate serve as notice to the State too?
You would wait and see if they contact you once probate is opened.
Here is information about how the process works in Utah.
You might also want to visit the county real property records to verify no liens on the property so far.The clerk can help you with that.
You are so welcome.
I wish you good luck with probate.
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