Medicaid Recovery in Probate After a "Return Home"?

by Theresa
(Colorado Springs, CO)

My mother, who lives in Colorado, was on medicaid for 18 months until her house sold. She is now private pay which I understand Medicaid views the same as a "return home." There was no lien on the property when it was sold. She is very fragile and we expect her funds will outlast her lifetime so there should be no reason for her to return to medicaid. My questions are:

1.) Will a claim be filed against her assets during probate even though she has "returned home." Many sites talk about a lien being dissolved after 30 days but I understand a claim is something different.

2.) Can she dispose of her assets by gifting before her death? She is no longer receiving benefits and never plans to return to medicaid. Is there a "look back" period for probate estate recovery?