Legal Question in Wills and Trusts in Illinois

A living or revocable trust does not avoid liens placed on real or other property by a govt agency related to obligations for medicaid assistance. You may demand explanations of the charges and any application of homestead or other exemptions under her medicaid terms, but such liens are common.

Living trusts do not avoid such liens.

In a nutshell, yes I think you are wrong. However, when push comes to shove there are nuances to property held in a land trust or in a revocable living trust, I don't think it's so clear that the lien attaches unless the trustee is served with a notice of the lien--the law in this area is not so well established that it's certain. Also, it matters when you and your brother acquire(d) your interest in the property in the trust (upon mom's death, or sooner). However, the government certainly cannot be expected to have a less secure position with respect to collecting its debt than any private creditor, and the general rule of thumb is that revocable trusts are not generally creditor protection devices.