Legal Question in Wills and Trusts in West Virginia

Re: Death

As with many questions in law, the issue is intent. That is did the decedent intend to make a gift of the guns to his children. It would seem difficult to deny, in the absence of other information, that there was intent to make a gift. The elements of a gift are, intent, delivery and surrender of complete control. I cannot see, with these facts, that the guns are an asset of the estate. If there is a question, then the fiduciary could ask that the estate be referred to a fiduciary commissioner. The commissioner will take evidence and issue a ruling as to whether or not the guns are part of the probate estate. Either side could appeal an adverse decision to the County Commission and a further appeal is available to the Circuit Court and even up to the Supreme Court of Appeals.