Greenville, SC asked in Estate Planning for South Carolina

Q: I gifted two vehicles before the reading of the will as i was under duress and then found out they were willed to me.

Can i request them back since they are in probate and probate has not been closed.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Howell, MI

A: Probably not. If the cars were supposed to be "yours" and YOU gave them away, that sounds like a completed gift.

The fact that you didn't 'dot the i's' and transfer them to yourself through probate first really doesn't matter much.

But this depends on what you mean by 'under duress' -- that is a legal term of art and may not mean what you think it does. Someone putting social or verbal pressure on you to act is probably not 'under duress' .... someone holding a gun to your head is.

If you really feel strongly about this, I'd recommend you consult with a local attorney to try to tease the details out and see if there is something you can do here, but my initial impression is 'probably not' .... Good luck .

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