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

Related Topics:
1 Lawyer Answer
Wesley Winsor
PREMIUM
Answered

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

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.