My father died my sister was his executor and legal guardian we were both named in his will that was never probated.

Question

She said she had spent all the money in his account and therefore there was nothing left to share what is my recourse?

Trent Harris · Answer

It depends on how the money was spent. If the money in the account was spent on your father's funeral and burial expenses, expenses of last illness, and other expenses related to his passing, there probably is nothing to be done. Those funds have priority under Michigan law and come out of the estate first, so if there is nothing left for the estate after that, that does not appear improper unless the spending was extravagant and wasteful. 
 
On the other hand, if sister spent the money on herself, then your father's estate, and in turn you, may have a claim against her for taking estate property as her own. If you believe that is the case, you may want to talk to an attorney about whether to petition to open an estate and recover the money on behalf of the estate. It would also depend on how much money is at stake - if the amount of money is relatively small, expenses for attorney fees and litigation costs might be more than any potential recovery. There would also be the issue of collection - as they saying goes, if the money is long gone and sister is insolvent, you cannot get blood out of a stone.  
 
As always, this is a response to a hypothetical question. Be sure to talk to a qualified attorney before taking any action.

Q: My father died my sister was his executor and legal guardian we were both named in his will that was never probated.