Legal Question in Wills and Trusts in California

My father -in -law gave one of his handgun to me as a gift. When he died his eldest son claimed that he gave that gun to his father so it is legally his gun. He now wants me to return the gun to him.

What would be the ramifications if I gave it back to him?


Asked on 3/03/10, 8:00 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I do not understand what ramifications you think there might be. Either he is the real owner or you are giving him a gift which is of low enough value to come within the annual gift tax exclusion. The only questions I see is the effect on your relationship with him and local and state gun registeration laws as to who is allowed to own a handgun. If you just act as though it was always his gun then that is an issue he must resolve. Be sure he signs a document saying that it is his gun and never was yours in case someone gets injured by the gun.

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Answered on 3/08/10, 8:26 pm


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