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.

Related Topics:
1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.