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  #1  
Old 01-12-2018, 8:20 AM
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Default Estate Sales

Seems to me some time back I think there was a discussion related to "Estate Sales".
More specifically, got a call last night from a co-executor who was wanting to dispose of a variety of firearms having belonged to a deceases individual.
Was there a specific discussion on the forum or was there some discussion buried within another thread regarding estate sales?
I know I read it somewhere but can't find it. I'm concerned about obtaining the proper documentation that shows the co-executor has the authority to dispose of the firearms, etc.
Your input is appreciated...,
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Old 01-12-2018, 8:34 AM
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Last Estate sale I bought guns at had an FFL guy there doing the 4473 transactions.
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Old 01-12-2018, 11:42 AM
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I'm the FFL.
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Old 01-12-2018, 12:50 PM
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I've only dealt with an executor once. And all we did was retain a copy of his POA or legal doc whatever it was showing he had the authority to sell. *maybe this was probate court now that I think about it. Same situation though. I copied his ID and copied the court document and then did the transaction.
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Old 01-12-2018, 2:06 PM
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Quote:
Originally Posted by acespawnshop View Post
I've only dealt with an executor once. And all we did was retain a copy of his POA or legal doc whatever it was showing he had the authority to sell. *maybe this was probate court now that I think about it. Same situation though. I copied his ID and copied the court document and then did the transaction.
Sounds good and logical. That's what I'll do.
Thanks for the input! "aces"!!
Tyke
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Old 01-12-2018, 2:48 PM
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Ours was like 4 years ago when I dealt with this, but I remember this thread you were talking about in the OP. I believe it was me asking about it originally.
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Old 01-12-2018, 2:52 PM
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For the sake of CYA, try contacting the ATF field office and your DOJ rep to see what they both want.

Ace's plan sounds logical, but 4 years is a long time.
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Old 01-12-2018, 3:02 PM
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It is really a legal issue as to whether the person has the authority to sell the firearms, which the CA DOJ and BATF don't care about. I am not sure of why people think that you can get answers from organizations which has nothing to with the actual issues.

So a court document or similar which shows that the person has the authority is what is needed. An attorney could be contacted, but that costs money, but it could be put on the seller since there is likely an attorney involved.
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Old 01-13-2018, 8:00 AM
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Quote:
Originally Posted by kemasa View Post
It is really a legal issue as to whether the person has the authority to sell the firearms, which the CA DOJ and BATF don't care about. I am not sure of why people think that you can get answers from organizations which has nothing to with the actual issues.

So a court document or similar which shows that the person has the authority is what is needed. An attorney could be contacted, but that costs money, but it could be put on the seller since there is likely an attorney involved.
Good points. As I understand it, the co-executor has a P.O.A. giving him the authority to liquidate the collection. That would be a must. I'm also figuring that a "consignment" sales process might take months. That said, I'm considering an outright purchase of the collection, then transferring them to me, then selling as a PPT...???
Any thoughts???
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Old 01-13-2018, 8:52 AM
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Quote:
Originally Posted by Tyke8319 View Post
Good points. As I understand it, the co-executor has a P.O.A. giving him the authority to liquidate the collection. That would be a must. I'm also figuring that a "consignment" sales process might take months. That said, I'm considering an outright purchase of the collection, then transferring them to me, then selling as a PPT...???
Any thoughts???
Transferring the firearms to yourself could be a problem. Strange as it might seem, it can be viewed as doing business without a license. I asked about doing that in a different case and the answer was no.
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  #11  
Old 01-13-2018, 11:50 AM
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Quote:
Originally Posted by kemasa View Post
Transferring the firearms to yourself could be a problem. Strange as it might seem, it can be viewed as doing business without a license. I asked about doing that in a different case and the answer was no.
I'm curious...what sort of license are you referring to??
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Old 01-13-2018, 1:28 PM
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FFL. If you transfer the firearms to yourself in an attempt to do business, you are attempting to be a firearms dealer without using a FFL since you are not using your FFL, but instead bypassing it.

Think about it, why are you transferring the firearms to yourself instead of just using your FFL?
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  #13  
Old 01-13-2018, 1:49 PM
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BTW, in regards to some of the issues what I am saying is not in regards to what my personal opinion is regarding whether it should be allowed or not, but information I have received in terms of how it is viewed by those who count as they can cause you serious problems. Yes, it is hearsay, so feel free to check for yourself, but you would need to get an official response in order to protect yourself.
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Old 01-13-2018, 2:28 PM
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Not an FFL and I rarely get involved in probate, but if you want to be careful:

Trust.
If the gun was left as part of a trust, than the person named as trustee should show or give you a copy of the trust document giving them authority to distribute the assets of the trust according to the terms of the trust.

Will. If the decedent had a valid will, then it has to be submitted to the court to be probated. As part of that process the court will issue Letters Testamentary giving a person called the Executor powers to do certain things including disposing of certain assets.

Intestate. Where neither a valid will nor a Trust including the firearm has not been left , I would like to see letters from a court of probate similar to those granted the executor of a will. In that case the are issued to the Administrator.
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Old 01-15-2018, 9:21 AM
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Trust.[/B] If the gun was left as part of a trust, than the person named as trustee should show or give you a copy of the trust document giving them authority to distribute the assets of the trust according to the terms of the trust.

It is a Trust and the executor has a POA to dispose of property, etc.
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Political tags - such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth - are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire. Rbt. Heinlein
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Old 01-15-2018, 9:22 AM
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I think I have some pretty clear direction now. Thanks all for your insights.
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