Can a person spend money that is suppose to be part of an estate before it goes through probate?

How can the lawyer not have a copy of the will? If she is doing what you say she can be convicted for theft. Get the attorney to challenge her executor-ship in court on behalf of the siblings.*

she is not allowed to touch anything until after probate and even then there is a waiting period usually like 9 months where any party with a claim against the estate can file. after that waiting period, then the estate can be dispersed according to the will.

the executor is responsible to pay from the estate any maintainance bills like property taxes, electricity, gas, water if there is real estate involved until the property is sold.

other than that, she is not allowed to just cut herself a check.

i would get a lawyer involved.

First of all - here's a disclaimer: I am not a lawyer. I have been through this with parents and in-laws, so I know a little; what I tell you is not "legal" advice, but from experience.

Probate court is just that - it is legal court, where a judge decides what happens. Typically, in a family where everyone trusts each other, the executor is requested to serve without bond. The executor can refuse, or the judge can require a bond.

The executor is required to provide an accounting to the court as to how all the money has been spent, and the judge makes a decision based on HIS interpretation of the will whether or not this accounting has been satisfied.

ANYONE who has an interest in the will can file a DEMAND (not a "request") for this accounting. If family members believe that the executor is cheating in some way, or not fulfilling their fiduciary duties, they can file a motion to have the entire distribution reviewed by a judge, or have the executors disqualified.

If your family members believe that your mother's sister is acting in her own behalf, rather than on the behalf of the will and her mother's wishes, you need to contact the judge immediately.

Probably the best way to do this is with a lawyer, only because you're "in the system" and he knows what motions to file, etc., but you can do this on your own as easily as you can represent yourself in traffic court.

Be prepared for fireworks.

If your aunt and her husband are on a spending spree, you need to move fast to get the judge to stop them. If you don't your only recourse would be to sue them after the fact for money they have already spent - you can win in court, but good luck trying to recover damages.

The general order of events is this - all creditors will get paid first; this means credit cards, outstanding bills, outstanding taxes, mortgages, personal loans, hospital bills, insurance co-pays - everything. Next come final expenses - funeral, death notices, surrogate charges, legal fees, public announcement fees, house-cleanout charges, etc.

The executors are required to file public notices in newspapers - make a "best effort" to root out anyone who is owed money. You probably ignore these public notices all the time.

All assets are liquidated and put into an estate account. If there are stocks and bonds or real estate, they can be appraised and distributed "in kind", in percentages described by the will.

The executor is responsible for following this order of events, and to make decisions as to whether to do things like sell the house or stocks or bonds, or to try to distribute them in kind. Their primary obligation is to the beneficiaries, and they are answerable to the court.

The executor is entitled to a fee, which is usually paid for before the residual estate is assessed; it usually amounts to a percentage of the gross estate. Usually family members don't charge a fee unless they have incurred expenses, but every family is different.

Bottom line - if you think anything is 'fishy" you have rights - contact the judge. Better yet, get a lawyer.

Your mother's sister is screwed if you've got your head screwed on right - that's outrageous! Get a lawyer and get her into court asap. All of her assets will have to be put under scrutiny from the death of your grandma as harsh as this may seem. But don't let them get away with this is embezzlement in the first degree.

They can, however they could face civil and or criminal charges for doing so.
I would strongly advise the family members who have not seen the Will to contact the attorney involved and in writing ask to see it or at least for a copy. Send the letter certified. Better yet, get themselves an attorney ASAP and simply have the attorney make a request for a formal reading of the Will. Estate laws are very exact. But the family needs to have a formal setting on it soon so that all parties involved know where they stand.

You need to immediately petition the court having jurisdiction over the estate to have you sister removed as executor on her failure to follow her fiduciary duty to the heirs and embezzlement of monies from he estate

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what if he embezzled all with the power of Attorney and it was before my father's death, can i get back the embezzled in a lawsuit contesting for the Will?

They need to get their own lawyer - a will having gone through probate is a public document, they should be able to get a copy

sue them for every cent!