Legal Question in Wills and Trusts in Massachusetts
Guns willed verbally
My aunt had told me that my grandfather wanted me to have his gun collection. She is the executrix and hasn't secured them properly so my uncle took them all. I asked my uncle what he did with them and he told me they were ''gone''. When I went to my aunt she told me that her attorney advised her to say that there were no guns there. She also told me that the collection was old and the guns weren't registered. How do I get them back?
2 Answers from Attorneys
Re: Guns willed verbally
Unless they still exist, you will have a hard time getting them. Whoever does possess them will need to be properly licensed before they can acquire them. Contact me if you would like our assistance in this matter.
Re: Guns
The issue is not what your grandfather told you, is what the will says. Verbal promises are not binding contracts, especially under the facts you stated. The problem for your aunt is that she is duty bound to collect and preserve all estate assets to be distributed either according to the terms of the will, or if the heirs alter the arrangements.
From what you said, I think that you can do nothing.
If you have any questions, contact me.
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