How do I know if my state will come for Medicaid Estate Recovery after Dad's death?

Thanku for your answer, My Brother and Myself are on my parents deed,done sixty years ago...….we do have A&A from the Va..Iam now POA due to my Brothers untimely death...….my parents were paying for some of the taxes as they occupied the house,
however in the state of VA next in line for inheritiance is DAD who is in a NH and on pending Medicaid, this is for my deceased brothers house who died intestate, Iam leaving his house in his name for the time being and paying all taxes on both houses,
and his A&A is being used by myself to pay his expenses until Medicaid goes thru..unless I decide to bring him home and get home care by renting out brothers house and using his income of A&A and Social Security...which may be the way to go
if possible.Also A&A monies are not as monitored as Social Security for Medicaid approval....we have had A&A for three years and its the only money 10,000 retroactive
money that dad has ever received used for an irrevocable Funeral Trust.
what does MERP stand for?thankyou...simultaneously deathof caretaker adult brother
and NH entry for Dad...………………………...complicated......thanks for any advice

All states are required to have an estate Recovery system aka MERP in place. How it runs is very much interdependent on your states property and probate laws and if your state has an outside contractor doing MERP.

In whose names exactly does the title recorded at the courthouse show?
And exactly when was the title recorded?
In what name (s) is the annual property tax bill?
Those answers will be very critical to what the situation will be for MERP.

First, unless you sign as responsible party for your father's care, his nursing home care payment is not your direct responsibility to pay from YOUR assets. Sign all documents as "power of attorney for" and your father's name. However, your FATHER's assets must be used for his care so it is necessary to decide where he will live and how to pay for it. As power of attorney, you are responsible for making sure bills GET paid from father's assets for an incompetent frail elder that you accept the responsibility for.
Medicaid is not free. It's a program like food stamps that is intended to help low income, poverty level people afford health care assistance. If you have assets - like a house - it's a program that provides care while a person is alive and requests reimbursement from the estate when the person passes away. When you say the house was put "in our name", did your father transfer ALL ownership of the house to you and ? If your father's name is not on an asset like a house, Medicaid won't attempt recovery on the house because your father is not an owner. If you and ? (NOT your father) both own the house, medicaid can not attempt recovery. If your father's name is still on the house with you and ? co-owners, yes, Medicaid may attempt recovery.
No, Medicaid is not a free ride to provide nursing home care while family keeps a parent's house.
My question is how the Aid & Attendance will be paid to anyone without a caregiver agreement in place? If your father has dementia, can he execute a revised agreement to pay you (or someone else) for caregiver services? The VA does require that you update the paperwork for who is actually administering the money paid under Aid&Attendance. You want to consult a lawyer, and they could help determine which financial way to go. If your father has been paying part of the bills for the house and it's not in his name? Medicaid may view that as gifting to you/your brother and dad may not qualify. SEE A LAWYER.