What can we do if my 22 year old son just passed away and his roommate wont give me his guns?

UPDATED: Jan 13, 2015

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What can we do if my 22 year old son just passed away and his roommate wont give me his guns?

How can I get them and how do I find out which ones are in his name?

Asked on January 13, 2015 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your son's roommate has no legal right to your son's guns. However, to get them back, you would need to sue the roommate to get the a court order requiring him to turn over the guns (during the lawsuit, you can use the legal procedure or mechanism of "discovery" to get information about which guns are whose.) Bear in mind that you cannot get your attorneys or legal fees from the other side in 98% or more of cases, so you'd have to pay for your own lawyer. Depending on what you believe the value of the guns to be, it may or may not be worthwhile pursuing this.

Please accept condolences on your loss.

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