Our mom has no will. Any advice on her gifting us money now if she is going into a nursing home?

I would contact an Elder law attorney. They give free consultations. I would personally recommend for your future and childrens to put everything in a trust.

Good luck!

Get the will done, along with living will, durable POA, medical POA, DNR , HIPPA forms signed at Dr offices, POD ( pay on death) at all accounts. You don’t need an attorney to do this , google is your friend …

There's a certain amount that can be given that stays under the "gifting" radar. I think it ranges between $5,000 and $10,000 depending on what state your in. You can find out by researching the state of Illinois Medicaid rules. Start with their Department of Social Services. You'll find out the exact dollar amount.
There are other ways to get around the "gifting" clause too. Like your brother can start raising her rent. He can raise it monthly and these days with inflation and all, if he started charging her an extra $100 or $150 a week that would be more than reasonable.
How soon is the family planning on nursing home placement for your mother?
Take the assets and bank accounts out of her name now. Don't spend anything past the Medicaid limit and wait. She may not have to be placed at all. If she does and the five-year look back period had not passed, then spend it down on her nursing home bill.
As for her wanting to give you both 3 grand. Your brother needs to do the work on his house for mom's safety. Anyway, I think $3,000 is still under the Medicaid limit.

Have her take it out of the bank in small increments. Do not have her write a check for 3 grand made out to you or your brother. If she wants to help, have her withdraw an extra 2-4 hundred periodically in cash. How strict and ruthless the Medicaid officials will be depends on the state you live in, but small periodic withdraws shouldn't be a problem.

I agree that the three grand is going to be a problem for Medicaid.

There might be a little wiggle room for money going to the brother if it can be framed as an increase to market rate rent, payment for caregiving subject to a personal care agreement, or maybe an improvement that a tenant might negotiate to make to a landlord’s property (bidet toilet seat, removable access entrance ramp).

As always, if you want legal advice you can rely on, consult an appropriate professional.

If Mom may need Medicaid within the next 5 years she cannot gift any large amts of money. No, she cannot renovate brothers house. Thats a gift and brother profits from it when he sells it. There will be Medicaid penalty.

I would talk to an elder lawyer before Mom spends her.

A Will will not protect her assets. If she ends up in NH her assets go to her care. There may not be anything to leave family.

Here is some good info

https://smartasset.com/retirement/how-to-avoid-medicaid-5-year-lookback

Considering we are sending billions to the Ukraine weekly now and countless other countries plus corporate welfare and other ridiculous spending I am all for you and your brother receiving money from mom rather than it being wasted on an overpriced greedy nursing home. I hope mom is able to gift her sons something. Good luck to all of you.

You mom can likely pay for the renovations for your brother's home and it will be exempted from the 5 year look back for Medicaid but gifts are not exempt. It will be hard for her to transfer money to you if you are anticipating that she will need to qualify for Medicaid.

But is that what you anticipate, that she will need to qualify for Medicaid in the next 5 years. Remember, the look back is not for Medicare, it is for when you apply to the Medicaid program, which you can't do until you have less than $3K in assets (exempting a farm or house/condo).

Also, double check the rules in IL--they do vary from state to state, in part because inheritence/estate laws vary state to state.

Why is it that mom has no will?

Take her to an eldercare attorney who can explain all of this to you all.

Take out an insurance policy on her where your brother or you pay the monthly premium to keep it active.

If Mom has assets, those assets should be used for her care, NOT used for cash gifts to her children or saved for inheritances. Taxpayers really don't want to pay for care for somebody who isn't truly needy.

Medicare does not pay for a nursing home. Medicaid will pay for a nursing home, but it is for the truly needy and has five year look back period to qualify for benefits.