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View Full Version : Tranfer after death question.


Papa Whiskey
06-02-2011, 7:02 AM
I lost my brother in law (and shooting buddy) in a tragic accident last weekend. He was 25 years old, unmarried, with no kids. He has a half dozen or so long guns and hand guns. His father and brother have no gun knowledge so have put me in charge. Help, please.

dantodd
06-02-2011, 8:04 AM
I am not sure what you are asking.

Do you know which person is the executor of the will. (who has been given permission to access his bank accounts etc.)

What exactly do they want you to be in charge of?

Do they want to bequeath the guns to you? Do they want you to help them sell the guns and turn them into money? Do they want you to help transfer the guns to someone else as a bequest of the estate?

Papa Whiskey
06-02-2011, 8:12 AM
Sorry to be unclear. They're not sure what they want to do yet but they're asking what their options are. I think they will ask me to store the guns for them and either end up giving them to me or asking me to sell the guns for them.

dantodd
06-02-2011, 8:24 AM
The guns belong to the estate of your friend. They must be distributed before the estate can be closed. Until that time the executor of the estate is to control the guns. I believe the estate can "lend" you the guns for up to 30 days (if there are any handguns you must have a "Handgun Safety Certificate" (HSC) which will cost you $25 and you can take the test at any gun store or other FFL. (You'll need one to receive a handgun from the estate anyway)

The executor can sell the gun just like any other owner. If the estate GIVES the guns to someone as an inheritance the only paperwork that is required is an "Operation of Law" form available here: http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf to be filled out be the recipient and a fee of $19. No 10 day wait etc. But the recipient will need an HSC to receive any handguns.

If the guns are being sold out of the estate they are sold just like any other gun. The executor will need to go down to the gun shop and fill in the paperwork if it is a PPT, or they can just send the guns to an FFL for other transfers. The guns still go through a 10 day jail etc.

morrcarr67
06-02-2011, 8:27 AM
The guns belong to the estate of your friend. They must be distributed before the estate can be closed. Until that time the executor of the estate is to control the guns. I believe the estate can "lend" you the guns for up to 30 days (if there are any handguns you must have a "Handgun Safety Certificate" (HSC) which will cost you $25 and you can take the test at any gun store or other FFL. (You'll need one to receive a handgun from the estate anyway)

The executor can sell the gun just like any other owner. If the estate GIVES the guns to someone as an inheritance the only paperwork that is required is an "Operation of Law" form available here: http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf to be filled out be the recipient and a fee of $19. No 10 day wait etc. But the recipient will need an HSC to receive any handguns.

If the guns are being sold out of the estate they are sold just like any other gun. The executor will need to go down to the gun shop and fill in the paperwork if it is a PPT, or they can just send the guns to an FFL for other transfers. The guns still go through a 10 day jail etc.

You beat me to it.

This is right on the money.

bwiese
06-02-2011, 8:29 AM
I am sorry for your loss.

If he died intestate (without a will). the laws of intestate succession of the state of which he was a resident apply.

You can't just take the guns "because he'd want you to have them".
Just Dad or just brother can't give you the guns (unless there are no other relatives in the tree that would get a distribution) since usually these things get fractionated out.

What can happen is the estate executor can (fairly!) value the guns and the guns could be miscellany to be reduced to cash and you could buy them from the estate (i.e, no effective change of value to the estate).

Papa Whiskey
06-02-2011, 8:33 AM
Thank you very much for your help.