My .mom passed away today my sister says she didn't have a will and she has money in the bank that my sister is spending like its her money don't get

Please accept my condolences on your loss. I am not sure what your exact question is, but let me try to give you some general information that may help you understand the situation you describe. If a person dies with no Will, then the first step is for the heirs to determine whether she had any assets that became part of her probate estate. Her heirs will likely include that person's children who survive her, plus the children of any child who died before her and her spouse, if she was married at the date of death. An asset will become part of your mother's probate estate if (1) she owned it at her death, (2) no beneficiary designation applied to the asset, or the beneficiary designation designated her estate as beneficiary, and (3) no right of survivorship applied to the asset. If there are assets in the probate estate, then someone needs to be appointed as the administrator in order to legally deal with them. Administering the estate means finding any creditors, making sure all debts and expenses get paid in the proper order, and then, if there are any assets left, distributing them to the heirs in the correct proportions. If you and your sister are your mother's only heirs, then you would each receive half of any net probate assets. However: if your mother owned a bank account, then it is possible that either (1) the bank account was held jointly by your mother and your sister, or (2) your sister was designated as the beneficiary of the account. In either of those situations, the assets in the bank account now legally belong to your sister, and she can spend them like they belong to her. You might be able to try to make a case that the assets in the account belong to her estate, if you can provide clear and convincing evidence that your mother added your sister to the account only for her own convenience, and that she did NOT intend for your sister to receive all of the account at her death. However, it can be very difficult to present that evidence, and the law presumes that a joint account was created intentionally. You can petition the probate court to become administrator (or temporary administrator) of your mother's estate. However, I strongly recommend that you consult an attorney before doing so.