Legal Question in Wills and Trusts in Missouri
My father recenly passed. Prior to his passing he stated that my brother and I could have all tools and guns. We have several witnesses to this fact. The guns were put in my possession before he passed. After my father passed my half sister and mother in law stated that all the tools and guns were to be given to them based upon the will. They currently have possession of all the tools, but not the guns. She wants to sell off all possessions in order to fund a trust to care for her self. Do I have any legal right to the tools & Guns that my father gave me before he died? Do I have to surrender the guns that were, prior to my fathers passing, put in my possession? Also, Can I get the tools that they currently have in their possession?
1 Answer from Attorneys
If yoru father gave you some guns, then your mother-in-law and half sister woudl ahve to defeat that inter vivos (during life) gift, as the gunds are not covered by the will. As for the tools, since he did not deliver or allow you to pick up the tools prior to his death, he may not have completed the gift, so they may be moved under the will. However, Missouri allows people to gift specific items by a writing that is later attached to eh will to act as one whole document. I fyour father wrote down that you and yrou brother were to get the tools, then you may be able to have the probate court attach that writing to the will to defeat therir claim that they get the tools as part of remainer or general designation. Untilt he will gets admitted to probate the "will" is just a piece of paper and no property passes based upon it.
Good luck
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