Do I have a legal right to my father’s guns if my deceased brother took them and giftedthem to other family members as per his Will??

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Do I have a legal right to my father’s guns if my deceased brother took them and giftedthem to other family members as per his Will??

My father passed away 3 years ago. In the Will my brother was given some property, 2 tool houses, and all of my father’s tools. I was given some property, the house and all of the contents. While my dad was bedridden at my house, my brother took all of his guns up to his house because he was concerned that with no one home, someone might steal them. They were not given to him. My brother has since passed away and in his Will, his son and stepson were to divide his guns. I have asked for my father’s guns back and my sister-in-law will not give them back. Do I have a legal right to them?

Asked on August 3, 2010 under Estate Planning, Alabama

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds to me as if you have a case, assuming that you can present evidence to prove that the guns were your father's.  The action would have to be taken by the personal representative of your father's estate;  if that was your brother, you may have to file an action against the estate, against your brother as the executor, and against your brother's estate and the people who have the guns now.

There's also a possible issue here with the time limits on handling estates, and if your father's estate was finalized, that might also present problems for you.  You need to talk to a good lawyer about this, and I'd recommend doing that as soon as possible.


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