Can there be legal action taken against a person for verbal abuse to their sister over a Will?

My mother has severe health problems and is under traumatic stress from her sister which makes her health worse. Her sister is demanding that my mother forfeit the money that was left to her and give it to other family members. The woman calls my mother obscenities and threatens her with things such as no one in the family will talk to her again. My mother is in mental and physical pain and is almost to the point of giving in and surrendering her money to stop the fighting. Can there be a restraining order, lawsuit or charges? How can I get my mother protection.

Asked on January 30, 2013 under Estate Planning, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss and for the situation.  Yes, you can try and get a restraining order against her for the harassment that she is obviously directing at your Mother.  Your Mother would have to do it or if you think you Mom is too frail, you can ask to be her guardian and then start the proceeding against your Aunt.  Seek help.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country one has the right to be left alone from unwanted harassment or annoyance. From what you have written about, your mother has been harassed by her sister where a family law attorney should be consulted with to ascertain the costs and the chances of success for the filing of a petition for a restraining order to curb the bad behavior of your mother's sister.

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