Legal Question in Wills and Trusts in Missouri

can i take what is to be my property from probate estate before the courts actually grant or order a agreement for partial disbursement from other property, or is that against the law


Asked on 3/08/13, 4:48 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The term "take" has several connotations. If there is an estate, do not go and take control of any of the assets of the estate without the permission of the Personal Representative. That would be stealing and the Personal Representative may have an obligation to go after you for the benefit of the other interested parties.

If by "take" you meant accepting an early dispersal from the Personal Representative, you might be okay. Premature dispersals can always be reversed by the Court. But, there can be valid reasons for eventual heirs to take over the upkeep and care of some assets. Spoiliation is to be avoided, and PRs are to be good stewards of all the assets, and make them productive where practicable. Sometimes the cost to keep one thing may reduce funds for others.

You did not indicate the type of property to which you referred, or why you believe it will eventually go to you. Therefore, I suggest that before you take anything, you get advice directly from a probate attorney that has access to the facts you did not provide here. One wrong move, can tick off the other interested parties and cause the judge to grant nothing to you.

Good luck

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Answered on 4/05/13, 10:35 pm


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