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? Assistant at Ascent Law LLC Assistant at Ascent Law LLC 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'...