question about a will?

Question

Do you think it is right for family members to be taking things out of the house before the will is even read? Is this legal? They know whats in the will so is the other stuff free game?

Answer 1

First, is it right to take thing out of the house before the Will is read?

Wills aren't usually "read." But I generally advise that anyone named in the Will or who would be an heir if there was no Will get a copy before anybody takes anything from the house.

Second, is it legal?

If the Decedent had a "trust," yes. That's because the trust owns the property. But if it is just a Will, then you should follow the procedure of the state where the house is located. This is because, with a Will, title is not automatically passed. Here in California where I practice you have to either wait 40 days and sign a declaration, or initiate a formal probate depending on the circumstances. But like I said, it varies according to the state where the property is located. That said, if someone takes something which the Will says is theirs, no one else has a right to complain so it becomes a moot issue.

third, if they know whats in the Will, is the other stuff free game?

Absolutely NO. If an item is not mentioned in the Will, then the residuary beneficaries share it equally. (When a Will says 'I give the remainder of my estate to Joe Blow and Sally Schmo,' then they are the residuary beneficiaries). Since the residuary beneficiaries shares the personal property equally they need to figure out how to divide it between themselves. If you take any property without the agreement of all of the other residuary beneficiaries, you are stealing from them.

That said, it is not uncommon for some child to make off with more than their share. This often creates bad feelings and occassionally has reprecussions down the road.

Answer 2

No it's not right. They think they know what's in the will. They don't know if there have been changes.

Everyone sits down like good little boys and girls and listens to what is read to them.

It's up to the executor to devide things equally. It's also up to the family members to act like human beings not like vampiers sucking blood.

If a family member (YIKES!) takes something before the will is read and that piece they took doesn't go to that person, then it will have to be given to the person so stipulated in the will.

This is when you see the "Hide" come out in greedy people. No ethics, no respect. Everyone wants something for nothing. Glad I'm not in your shoes!