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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22549
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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When my husband passed away in July 2011 my oldest son and

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When my husband passed away in July 2011 my oldest son and daughter in law were here the next day. My husband was a gun collector and had a large collection. He left them to me so I could sell them and help pay my bills. Before his funeral my son said he wanted to take the guns home with him. "To protect me" He would return them when I asked him too. I wasn't thinking clearly or I would have said no, leave them here. When I asked him to return them he brought some of the cheaper ones to me. When I told him I wanted them all he called me the next day and yelled at me for about 20 minutes telling me he was no longer my son. Last spring he had told me he needed to have a cataract removed or he would not be able to drive his truck. He makes his living that way. I had some money in the bank and sent him $7000 to help pay for the surgery. They have no insurance. Later he brought 15 guns to my neighbor and told her that was all of them. It was not. He still has most of them. I have property taxes to pay and need the guns returned. He and his wife have basically written me out of their lives. They live 300 plus miles from me. What are my options?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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I am very sorry to hear that your son has acted this way during the time you were grieving for the loss of your husband...
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If your husband left them to you, then I am afraid that I will have to confirm what you probably already suspect....You will have to file suit against him for "conversion", which is the wrongful keeping of property of another, to get an order from a judge for him to return the guns. As soon as the case is filed, you can ask for the judge to issue a temporary injunction against him ordering him to not dispose of or sell any of the guns.
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This wouldn't be a criminal matter because you gave him permission to remove them from your home so your recourse would be to pursue this civilly as soon as possible so he doesn't do anything with the guns.
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While things are still fresh in your mind, I would suggest compiling a list of all the guns he still has (if you haven't already done so) so you know what he will have to return.
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Thanks
Barrister
Customer: replied 9 months ago.

My daughter, who is also my next door neighbor, has been helping me with this. We got printouts from most of places my husband Jim bought the guns. We know the names, the serial numbers and the price Jim paid. Some of the hand guns are in my name and I am concerned about them falling into the wrong hands. Thank you for your help.

Expert:  Barrister replied 9 months ago.
Ok, good. You could tell son that unless he returns the guns immediately, you will file a criminal complaint for theft of property and report the serial numbers as stolen so he couldn't sell them to anyone reputable, but it would be kind of a bluff. He might not realize that though and it could get him to return the guns rather than possibly be charged with theft and selling stolen property...
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But as for a gun registered to you being involved in a crime, as long as you have nothing to do with it, you can't get in any trouble...
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Thanks
Barrister
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Customer: replied 9 months ago.

My daughter sent my son a list of the guns showing we know what he took. Since he has not responded I am getting referrals for an attorney in this area. I intend to sue him. Not that I want to, but he leaves me no choice.


Janette

Expert:  Barrister replied 9 months ago.
I hate that it has to come to this, but before you actually file suit, you may want to have an attorney send him a "demand letter" stating that if he doesn't return the guns, you will pursue all legal remedies, including civil and criminal, to ensure their return. Sometimes when someone gets a letter from an attorney, they will "reconsider" their position rather than being dragged into court where they will lose.
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Thanks
Barriser
Barrister, Attorney
Category: Legal
Satisfied Customers: 22549
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 17 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

I appreciate your help. Thank you very much. I will be seeing a local attorney this week.


Please do not charge me more than the $49.00. I think that is what I saw as the amount. to be charged. I am 73 years old, a widow and have a limited income which comes from the government.


Janette

Expert:  Barrister replied 9 months ago.
I am an independent contractor and don't work directly for JustAnswer, but as I understand it, as long as someone doesn't sign up for a subscription, it is a one time charge.
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I would suggest contacting customer service just to make sure that you didn't inadvertantly sign up for a subscription. They will be able to confirm it is just a one time charge.
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Thanks
Barrister
Customer: replied 9 months ago.

Thank you and God bless.

Expert:  Barrister replied 9 months ago.
You are very welcome. Thank you for the positive rating, it is greatly appreciated.
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Barrister

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