Rives, MI Estate Planning Law Firms & Lawyers

Ask the personal representative if you can get a partial distribution. It would help if you would agree to pay the cost of preparing the petition to the court to allow the partial distribution.

If there is no estate plan, then it would go per the laws of intestacy. If married with children by only the spouse, the spouse gets the first $20,000 and then splits the rest with the children. If no children but married, the spouse gets everything. If married but with children by someone else, the spouse and children each get 50%. In Missouri, the State has the right to go after prisoners for the the cost of incarceration. You probably don't want the assets to pass by will, but by trust so that it is private. Also, the victim's family would try to sue the killer for damages. The condemned does have the right to decide where the assets should go but you need to make sure that it is private and not public knowledge. Your best bet is a trust and not a will. Please note that a will and a trust can be changed at any time up to the date of death.

You will need to have authority to act on behalf of the property. If it needs to go through probate, you need to be appointed by the court. If it passed by joint tenancy you need to update title. Once you have authority to act you will need to run an eviction. I suggest you speak with an attorney to determine he necessary steps. You want to work something out that does not require an eviction.