Asked in Estate Planning and Probate for Utah

Q: In my house I have my deceased boyfriend guns in my gun safe can I keep them until I get my stuff he had at his property

This is in wyoming

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Hi,

I am sorry for the loss of your boyfriend.

The personal representative of your boyfriend's estate has the job of collecting and securing all property of the estate. The guns are part of the estate. In addition, Utah Law (which would be applied and respected in Wyoming) will empower the Personal Representative to compel delivery of the property. In simple terms, the Personal Representative can sue you to get your boyfriend's guns and will most likely be successful.

Your relationship to his estate is one of a creditor at this point. His estate has possession of your property. You will need to try and work it out with the personal representative if you can, if not then you will need to file a claim against the estate just like a bank or credit card company.

So, until the PR comes and asks for the guns you can keep them and you may use it as a type of leverage to collect your stuff but the PR ultimately has the authority to collect it w/out first giving you your stuff.

I hope this helps.

1 user found this answer helpful

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