No one is "entitled" to a spouse's retirement money, unless they are divorcing and there is an agreement in the divorce proceedings. Retirement accounts are individual, not joint. You also cannot sue the estate for foolhardy spending of assets prior to the existence of the estate.

Come to think of it, I've got a friend that would love to sue his deceased father-in-law for spending down his assets before he died ...

Termilly ill spouse has updated her life insurance policy beneficiary list to include her children and remove her husband from the list. Spouse wants to gift to marital assets children while she is alive.

Gifting that is done while in the terminal stages of disease isn't always the smartest decision, financially, if there is any possibility of Medicare involvement.

But you would need to talk to a financial planner, and it sounds like it's a bit late for that ...