Newport, KY asked in Estate Planning for Kentucky

Q: If husband was given a gun, and he wills it to his wife, can the giftor reclaim the gun bc gift was solely for him?

Giftor was deceased husbands father.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: If the gift was made without conditions then it is the gift taker's property from that point forward and he can do with it whatever he wants, including giving it to someone else regardless of how the original gift giver feels about that.

Any 'conditions' (eg -0- this is for YOU only and you can't give or sell it to anyone else) would need to be in writing, and done at the time of the gift and be accepted as conditions by the person the gift was given to.

The fact that this was a GUN makes things that much more complicated since the Gun Control Act of 1968 and any other relevant state or federal regulations need to be followed when transferring a firearm. This is a FAR more complicated question than it appears at first blush! Seeking local counsel wouldn't be a horrible idea!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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