Is it legal to take property from an estate before the will has been read?
Is it legal to take property from an estate before the will has been read?
The answer can vary a bit from state-to-state. In some states, the law allows for certain family members to petition for permission to take possession of assets in an estate before the will has been read. But does that mean you can just get up and take whatever you want? It depends on the size of the estate and whether or not there are other beneficiaries who are named in the will, who might be entitled to share any assets still remaining in the estate after those granted permission have taken what they're due. If they think they're owed more than they're getting, they can fight your request.
In other states, it's absolutely illegal to separate yourself from property that belongs to an estate before the will has been read, and you can be charged with theft if you do so.
In most cases, when someone dies without leaving a valid will, they're said to have died "intestate." When this happens, the laws of their state dictate how to proceed. Usually, this means that the person's assets are distributed according to the state's intestate succession laws. If the deceased had children or other descendants, they'll inherit the estate according to who among them is closest in line to them (usually by blood). If there aren't any surviving descendants who are first-degree relatives (parents, children, etc.), then the decedent's spouse will inherit everything. If there isn't any surviving spouse or descendants, then his or her parents will inherit everything. If all of these individuals are dead as well, then next in line are their siblings, and if these people don't exist either, then their next closest relatives will inherit everything.
If you have any questions or in need an Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
