Inheritance during medicaid spend down?

My dad's mom died like 5 years ago and the three kids sold the house and divided it in three.

Dad i'm assuming should have signed the check over to my brother and not cashed it. He did.

If he transferred those funds (the exact dollar amount) to my brother would that be seen as a gift during the 5 year lookback at this point?

The idea being he's simply not accepting the inheritance.

Also, if he invests that into a commercial property under my name (an investment) could that be another way of spending it? I think an investment like that is exempt right in most states?

He lives in Michigan.