Mom is in NH and her time is just about out with the money and there is a good chance she could be sent to an inner city NH that even the Guardian does not like. The question is my copy of moms will is in her safe at her home. The sibling has lived there all his life is 55 unmarried no kids and is now claiming he quick claimed the house five years ago making it impossible for the state to use it for money care for mom. The will states clearly that the house is to go to him only after she dies which of course she is alive still. The sibling claims he has not money and can't help pay for her care yet he goes to see her twice a day. He also has added a few new charge cards in moms name and used them alot. What legal way can i get my copy of the will from that house as i have been threatened by him and his partner. They also have sold most of the things mom had in her will to go to certain family members. Just putting it out there i want nothing but do have justice done for taking advantage of mom, her money and the state. This is in Michigan
http://www.legislature.mi.gov/(S(yakff5enmqintnbdu2s4feh4))/mileg.aspx?page=GetMCLDocument&objectname=mcl-750-174a
You should see an attorney, or since these are provisions in the Michigan Penal Code, you could ask for assistance from a law enforcement agency.
The section referenced provides in pertinent part;
"750.174a Vulnerable adult; prohibited conduct; violation; penalty; enhanced sentence; exceptions; consecutive sentence; definitions; report by office of services to the aging to department of human services.
Sec. 174a.
(1) A person shall not through fraud, deceit, misrepresentation, coercion, or unjust enrichment obtain or use or attempt to obtain or use a vulnerable adult's money or property to directly or indirectly benefit that person knowing or having reason to know the vulnerable adult is a vulnerable adult. ..."
Your post infers that "unjust enrichment" has occurred.
Reporting identity fraud to the credit card agencies, AND to the State Guardian, whose job this is, right?
Even if the the Will says that your brother will get the house, Medicaid [if Medicaid is paying for Mom care at the nursing home] trumps the Will, thus Medicaid could ask for the house to be sold upon your Mom's passing so that Medicaid can be reimbursed. Of course, it all depends on timing. Medicaid is good on following the paper trail.
As for the charge cards which were placed in your mother's name, I wonder who signed the Applications for the credit card? Can Mom still sign her name? If not, then someone forged her name. I frozen my parent's credit via the 3 large credit bureau to keep anyone else from using their credit to get credit cards, buy a car, or get a mortgage. Even froze my own.