Q: Can guns given to brother be excluded from estate with witnesses?
My husband's father passed away, and before his passing, he gave his guns to his brother during a time when he was suicidal. The uncle now claims the firearms were gifted to him, but the executor of the estate mentioned that if there are witnesses, the guns don't belong to the estate. Only people siding with the uncle are claiming to be witnesses, and there is no written documentation of the transfer. The aunt, the estate administrator, is letting the uncle keep the guns. What legal steps can my husband take if he wishes to challenge this decision about the firearms?
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A:
This kind of situation can be really emotional, especially when there are questions about fairness and family disagreements. If the firearms were truly gifted before your husband's father passed, they may not be part of the estate—but without written proof, it becomes a matter of testimony and credibility. The fact that only those supporting the uncle are claiming to be witnesses raises a red flag and could be challenged.
Your husband can file an objection in probate court if he believes the estate administrator made an unfair or unsupported decision. He should gather any evidence that might suggest the guns were not clearly or legally transferred before death—such as text messages, photos, or statements from neutral parties. Probate judges can evaluate whether the firearms were actually gifted or if they should be included in the estate for proper distribution.
The court may also look at the timing and context—especially since the gift allegedly occurred during a period of emotional distress. If the transfer wasn’t voluntary or clear, the court could decide that the items still belong to the estate. It’s important to act quickly, though, because probate disputes often have deadlines. This might be hard to bring up with family, but your husband has the right to seek a fair review.
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