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View Full Version : Help With Inheritance/Estate Question, Please


andalusi
03-30-2009, 8:25 PM
My wife's grandfather passed away a few months ago. She just discovered that her uncle inherited a number of guns from him, but doesn't really want any of them.

The thing is, while my wife and I would love to take some of the collection off of his hands, I am not sure that he filled out any paperwork or that there was any formal probate done. Specifically, I don't know that he ever filled out the state's Report of Operation of Law or Inter-Familial Handgun Transaction.

If he gave or sold us any handguns, we would definitely fill out the above form. But we're worried about getting in trouble, or more specifically, getting her uncle in trouble by filing the form stating him as the giver/seller.

Does anyone have any experience with this? Are we worried about a non-issue?

domokun
03-30-2009, 9:07 PM
If your wife's uncle inherited the guns and wants to transfer all or just a few of them to you and your wife, you will need to take them to a FFL (licensed dealer) and transfer them via PPT and pay the $35 fee (DROS + transfer) provided that none of them are long guns over 50 years old. All handguns and modern long guns less than 50 years old must be transfered via PPT at a dealer due to the fact that the Intra-familial transfer only works from Father/Mother to Son/Daughter and vice versa. No other combination will work.

As for your uncle, please do have him fill out the Intra-Familial OP Law form to have all the handguns transfered into his name via inheritance. Once that has been completed (could take up to 3-6 months for it to register in the system), he can transfer them to you or your wife via PPT.

yellowfin
03-30-2009, 9:46 PM
Whatcha got on the list to go? There's a lot of empty safes on this board itching to be filled. ;)

colossians323
03-31-2009, 2:38 AM
My wife's grandfather passed away a few months ago. She just discovered that her uncle inherited a number of guns from him, but doesn't really want any of them.

Have them transfered to her mom or dad, who ever his sibling is, you can do this by using the interfamilial transfer method, with out going to an ffl, then after that, they can all be transfered to her the same way, and no ffl ever has to gone to period.

tsongololo
03-31-2009, 4:06 AM
I think grandparent directly to grandchild is OK to. At least I hope so. When my grandmother passed away it was discovered she had some handguns (Colt Derringers). I put on the inter-familial transfer that it was from my grandmother. DOJ accepted with no questions.

I don't think transfer between siblings is Kosher.

I can't really comment on whether or not you need the services of an FFL, but if your uncle is in possession of the guns, I'd wager you'd need to do a transfer.

DDT
03-31-2009, 8:06 AM
Your wife's uncle, contrary to the post above, cannot do an interfamilial transfer to his brother or sister.

What may be possible, depending upon the state of her grandfather's estate is that the executor of the will may be able to give the firearms to your wife instead of her uncle (as long as he agrees.) This would mean the transfer wouldn't need to go through an FFL.

andalusi
04-05-2009, 12:25 AM
Thanks for the help, all! I found out that the guns were willed to her uncle *and* her father, so that might make it a bit easier.

Yellowfin, I'll be more than happy to list what my wife winds up with, but she already made clear those guns stay family guns!

DDT
04-05-2009, 1:01 AM
Excellent news indeed.

From the DOJ website: http://ag.ca.gov/firearms/pubfaqs.php

Can I give a firearm to my adult child? Can he/she give it back to me later?

Yes, as long as the adult child receiving the firearm is not in a prohibited category PDF logo [PDF 10 kb / 1 pg] and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit an Report of Operation of Law or Intra-Familial Handgun Transaction PDF logo [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).

(PC section 12078(c))


The same rules apply to bequests. For handguns, if neither her father or uncle have filed the "operation of law" form to transfer the handgun to their ownership have her father file the form and pay the fee. The transfer will be as a bequest from his father to him. Once he gets a confirmation letter he can then give her the gun and she will have to fill out the form for any handguns too.

For long arms it is just a come on down and pick them up deal.

LTP
10-01-2009, 4:42 PM
THE FIRST PLACE LIBERTY VANISHES IS IN YOUR OWN MIND-LTP
listen to the questions...can my ____ give ____ to me?
the question itself reveals liberty lost in the mind of the questioner.
i dont mean to be harsh...just think about this... its the frog in the water
so ...if you want to beat me up its
ltp1@pacbell.net