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Can my mother sue her sister and her husband for spending money before it go through probate?

On July 15, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers

My mother’s sister has never worked a day in her life; she and her two sons lived with her mother. She has an alcoholic/lowlife for a husband. He doesn’t work either (and “NO” he’s not disabled), the both lived off my grandmother and the state. Her husband only visits her and the children two to three times a year (and that is only to get money). He lives with who knows, we think he has another family (he lives about three hours from her). As soon as her husband found out that my grandmother was getting worst, he took the next bus home (and “NO” he did not visit my grandmother in the hospital). He only went home to search for money and paperwork (her will). My grandmother made my aunt executor; because she wanted her to take care of her handicapped sister (after all she has taken care of her and her family for over fifteen years). My aunt would still get a special check for taking care of her handicapped sister. My grandmother died June 6/09; my aunt would not give her siblings a copy of the will nor would she give them consent to get a copy from the lawyer. My grandmother left a portion of the estate to all of her children (over $30,000 in cash and acres of land involved). They are spending money like it’s falling from a money tree (they just withdraw over $10,000 in cash). My aunt’s husband has convinced her that they deserve the money, because they never had anything and everyone else is already well to do. If he would work like everyone else, he would have things and so would his family. Can my mother and her oldest sister sue their youngest sister (executor) and her husband for spending money (part of the estate) before their mother’s will have gone through probate? My aunt’s husband is the mastermind over this plan, she doesn’t have the brain to come up with things that they are doing. She is afraid of him and would do whatever he tells her (she’s timid and easy going). He doesn’t care what happens to her, as long as he controls the money (she can go to jail for all he cares). Once the money is gone, SO IS HE… I am pretty sure he is sent money to the other side (his other family) for a rainy day… I would like nothing more than to see him in prison, where he belong (he’s a con-artist).

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