Can my mother home that was exempt from Medicaid for my disability be taken with an older will and be probated?

Question

MY mom was in a rehab facility before passing.  So she won't lose the house medicaid exempt the home to me for my disability...   
She created a will but it only had one witness signature and notoriety signature..   
 After she pass I tried to probate her will another one surfaced.  That party contested my will to probate theirs...   
Medicaid said that they exempt the home which makes the property mine and that even with the will they can't  probate it it take it. Is this true?

Jack T. Carney · Answer

You might want to re-submit your question with more detailed information, as I do not think anyone would be able to provide you with an answer as the facts are a little confusing. First, there is really no “Will with Medicaid.” I’m assuming your mother died (sorry for your loss) and the home was in her name alone.  
 
Generally, if someone dies without a Will, all property passes to the heirs at law (ie next of kin). If there is a valid Will, then the property passes pursuant to the Will. Alabama law has requirements about what makes a Will “valid” and basically it is a signature witnessed by two people.  
 
I hope this answer helps provide some additional guidance. If you are really looking to protect any interest you may have in your mother’s estate it is always best to seek legal representation. Even if you feel you cannot afford it (and unfortunately most lawyers like me have to charge for our services) I encourage you to call your local bar association and ask about pro bono help or contact the Alabama Disabilities Advocacy Program. Good luck!

Q: Can my mother home that was exempt from Medicaid for my disability be taken with an older will and be probated?