The following occurred is the State of Utah. My brother and I purchased real property together with title
held as "his name & my name." To accompany the real property and develop it for agricultural purposes, my brother then bought water shares in his name only. Nine years after the property and water share purchases, my brother was injured and became permanently disabled. He received Medicaid benefits from the State of Utah for a decade. He died. He had a Will but not a trust. The water shares have a current vale of between $5,000 and $10,000 depending on the market. The property is worth $12,000. I read online about Medicaid qualifications and I assume that these assets should have prevented him from receiving benefits. I can find no records within my brother's belongings about his Medicaid benefits except an initial approval of benefits soon after the accident and Medicaid paid his final medical bills. I am managing his probate.
Does title of the property pass to me without issues of concern about Medicaid, probate, or other problems? That is, must the property pass through probate? Is the way the title of the property is written consider "joint tenancy
Do I have a responsibility to notify the State of the value of the water shares and/or the real property? If so, how do I do this? I do not know how my brother qualified for benefits, if the property and/or water shares are considered assets that should have required him to spend down or otherwise dispose of them so long ago?
Are there other issues you can identify that I should consider in starting his probate process?