QUESTION
Can my brother take back the guns from us if we bought it but it was willed to him?
Asked on Jul 05th, 2016 on Estate Planning - Ohio
More details to this question:
My dad sold my husband and I guns years before his passing. In his will, my brother was to inherit his gun collection. My mother and brother want the guns returned to my brother because it was in the will for him to get them. Can they force this issue? My brother had an opportunity to buy them before us, but refused to buy them. My dad also sold other guns to gun dealers.
2 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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A will only deals with assets the deceased owned at the time of his/her death. Since your father did not own the guns when he died, the will has no effect on them.
Answered on Aug 03rd, 2016 at 6:56 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If you purchased the guns from your father for an agreed upon price and have proof of the purchase, then the guns are no longer part of your father's gun collection and are legally yours. Although it may be mentioned in your father's will, if he does not legally own the guns then it does not matter what the will says.
Answered on Aug 03rd, 2016 at 11:10 AM