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joe84780
05-29-2012, 4:56 PM
A quick question regarding the death of a firearms owner and possible transfer

My mother in law passed away a few weeks ago and was supposedly in a registered posession of a revolver. What becomes of it now? There is no will or anything of that sort. She is not married but she has lived with someone for 15 years. She has 3 children.

We do not want the weapon in posession of the man she has lived with for the last 15 years. He currently is in posession. What are our options? Has anyone dealt with this?

Purple K
05-29-2012, 5:03 PM
As an intra-family transfer, the pistol may be handed down to her son/daughter, mother/father without the need of a dealer. If her partner and her were not married he cannot take possession unless he is her executor.

Librarian
05-29-2012, 5:59 PM
... but at the moment, without a will, her estate ordinarily will run through the probate court. In California probate proceedings are conducted in the Superior Court for the county in which the decedent lived, and can take at least eight months and sometimes as long as several years.http://www.ca-trusts.com/probate.html

Mr Gruber, at his site, is of course trying to help one avoid probate by selling legal services, but so far as I can tell, that page is a pretty good description.

Once the estate is ready for distribution, the executor would hand the revolver to the beneficiary, and the beneficiary would (1) get a handgun safety certificate and (2) file the OPLAW (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?) form to document the transfer.

joe84780
05-29-2012, 8:46 PM
There's no estate at all. No cash, no bank accounts, no property and no assets of any value. We are experiencing problems with the man that has lived with her for the last 15 years and we're concerned that he has access to this revolver that she owned.

He will probably not give it up if we ask and we want it gone from his posession. There's going to be some drama regarding a life insurance policy in the next few weeks. We all know what crazy things money or lack there of can do to people and everyone would feel more comfortable if this guy doesn't have a weapon in his posession. Nobody wants the gun per say, they just want it out of the picture.

I guess I'll need to talk to Oakland PD or DA to see what our options are if push comes to shove.

compulsivegunbuyer
05-30-2012, 7:49 AM
Is he a prohibited person? If so just call the cops. They will relieve him of the revolver.

RoundEye
05-30-2012, 8:25 AM
Even with no assets, you still need to go through probate. Wills do not even avoid this process, they just make distribution easier when probate is discharged. The only way to successfully avoid probate (at least in California) is a living trust.

BTW: A life insurance policy has a cah value generally and is considered an asset.

MisplacedTexan
05-30-2012, 8:33 AM
The only way to successfully avoid probate (at least in California) is a living trust.
.

Glad my wife and I put together a living trust for our assets - and good note to self to check it out and revisit if needed (as everyone on here should)

blakdawg
05-30-2012, 10:55 AM
Small estates (< $150K) with no real estate can be handled without formal probate (see Probate Code 13100 et seq) but creditor claims aren't cut off as in probate.