What to do if my husband’s grandfather let him have 3 hunting rifles and told him that he would let him know if he wanted them back but has now listed them as in his Will?

UPDATED: Sep 26, 2013

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What to do if my husband’s grandfather let him have 3 hunting rifles and told him that he would let him know if he wanted them back but has now listed them as in his Will?

He gave them to my husband years ago. His grandfather passed away a few weeks ago and the Will listed the guns as property. I do not know when it was written. The greedy aunts want the guns back to split up and sell. Do we have anything legally to stand on?

Asked on September 26, 2013 under Estate Planning, Tennessee


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. Your post raises questions that need to be asked and answered. One principle: A gift is a gift. Seek legal counsel from an attorney in the involved state as appropriate. Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.



Tricia Dwyer, Esq & Associates PLLC

Phone: 612-296-9666

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Minnesota Law Firm

Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

If you can convince a probate court that your husband's grandfather gave him the rifles before he died, then the rifles belong to your husband, not his grandfather's estate.

The probate court will have to weigh all of the evidence to decide who owns the rifles. For example, the fact that your husband has had them for years is evidence in his favor. If the court believes his grandfather expected him to give them back when asked, that is evidence that the grandfather owned the rifles the whole time (and could therefore distribute them through his Will). 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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