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  #41  
Old 05-19-2017, 12:34 PM
edgerly779 edgerly779 is offline
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Oplaw the firearms and get that settled now. It is reversible if he fares well remember. I did it when my dad passed and saved a lot of hassles. This was 22 years ago. I did that and took my dad just before he passed to local attorney and got a notarized durable power of attorney on the spot. Saved more hassles.
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  #42  
Old 05-19-2017, 12:42 PM
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OP, I think you need to sit down and seriously think this over. I'm not trying to be a jerk here, but the real question isn't "what happens if he dies", the real question is "what happens when he dies".

Your dad is 70. His years are limited. You and he need to consider what will pass down to you when he goes. My dad died a few years ago but had the foresight to draw up his will and assign responsibilities to his kids (POAs etc) for his health and fiscal well being if he became unable to so and/or passed away. It's hard, but the sooner you and your dad come to grips with the reality, the better off you (and probably he) will be when the time comes.

Think about it
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  #43  
Old 05-19-2017, 1:08 PM
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  #44  
Old 05-19-2017, 1:10 PM
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Quote:
Originally Posted by kurac View Post
If someone dies without a will, then all of their personal possessions and real estate property and anything else they own goes through probate. It takes an attorney to deal with the probate process, if you don't hire one then the court will appoint one for you. They get a percentage of the estate and I believe there is also a minimum amount. You should be able to go on line and figure out how much that will cost based on the size of his estate. To avoid all that, people create a living trust, deed their house to the trust and will all their property to that trust. Someone is named trustee and executor of the will, you submit the will to the court less than 60 days after your loved one has passed and then you can avoid probate.

If your father gives you all of his stuff before he passes, then I suppose you can avoid a lot of headaches that way but you should still probably consult with an attorney or at least do a lot of online research. My father in law just passed away a few months ago so we are learning a lot of these things as we go, my sister in law did a trust and will herself and screwed it up, she didn't deed the house to the trust so it has to go through probate now which is going to cost about $30K
Not true. My stepfather died without a will and the courts never got involved.

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  #45  
Old 05-19-2017, 1:40 PM
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Start documenting how wreckless of a sailor your dad was. Then if anybody ever asks "oh I guess he lost them at sea"
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  #46  
Old 05-19-2017, 2:10 PM
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Quote:
Originally Posted by delta9 View Post
According the the web site, pricing starts at $249
That's just for that website. You can get the forms and info elsewhere and do it yourself. The forms are still gonna cost money, but way less than what that website listed.
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  #47  
Old 05-19-2017, 3:52 PM
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Quote:
Originally Posted by Jimmy's View Post
Take them now.
As long as no one contests the estate or he has debt that can't be paid Don't worry about it but take what you can now.

GET IT NOW......or the cops will if he passes.
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  #48  
Old 05-19-2017, 4:17 PM
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You don't need a will if you don't have any assets. Just have him sell or give everything to you right now. With no assets, nobody can do anything after he passes. Could also max out any credit cards, wink.
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  #49  
Old 05-19-2017, 4:49 PM
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You are an only child, your father undoubetly wants you to inherit his belongings. He place your name on his bank accounts.

For the vehicle, do same as the bank. Have the title/registration changed to

DAD and/or YOU. No lawyers involved. If he passes it is yours.

For a Will, also no lawyers need be involved for a simple estate. He can "HAND WRITE" a simple will. Have it witnessed and notarized. This is what is known as a "holographic will" IIRC. But his belongings still must go through "Probate". Attorney appointed by the court will take at least 10% of the estate value.

Do the OPLAW form for his firearms now, as previously suggested. Change title on vehicle now.

Hope for the best. Sincerely hope your Pop comes out OK and you can both enjoy his firearms for many years.

JM2c
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  #50  
Old 05-19-2017, 5:18 PM
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Quote:
Originally Posted by Jimmy's View Post
Take them now.
As long as no one contests the estate or he has debt that can't be paid Don't worry about it but take what you can now.
This is the correct answer. If you do other nonsense you are going to create a huge waste of time and money for yourself.

If he passes, you can fill out the transfer form for $19, you can list multiple firearms. Takes a month or more to hear back from DOJ.
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  #51  
Old 05-19-2017, 8:37 PM
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Quote:
Originally Posted by Mitch View Post
It's weird how a forum for "law abiding gun owners" is full of suggestions for breaking the law.
You sound like the type that would turn himself in to the police if a sig brace on an AR pistol touched your shoulder.
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Quote:
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I set up a GoFundMe page to try to raise some money to help purchase a handgun for home defense.
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  #52  
Old 05-19-2017, 8:41 PM
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Quote:
Originally Posted by xxINKxx View Post
You sound like the type that would turn himself in to the police if a sig brace on an AR pistol touched your shoulder.
Unjust laws must be ignored.
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  #53  
Old 05-20-2017, 12:53 PM
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My advice and opinion is... Well since he gave them to you before 2014 nothing needs to be done with the rifles. For the pistol just fill out the family transfer form and pay the 19 bucks.


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  #54  
Old 05-20-2017, 1:06 PM
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Do you see how hard it is to get a clean straight answer right now?

It'll be much harder to do this if your dad passes. Although he sounds pretty stubborn and unreasonable, it's his choice. Unfortunately it'll be you dealing with the aftermath. Best of luck!
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  #55  
Old 05-20-2017, 2:30 PM
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Quote:
Originally Posted by delta9 View Post
Thanks but he is pretty adimant that he doesn't need a will. Doesn't believe in lawyers and he has no debt.

If he passes can I just take possession of his guns? What steps are necessary for me to make it legal?
He sounds like my dad. When he passed he left a financial mess to be dealt with by the family because he died without a will. Even though your father has no debt he does have possessions. It becomes more problematic if he has real estate. You will incur debt and it is entirely avoidable.
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  #56  
Old 05-20-2017, 3:10 PM
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Quote:
Originally Posted by JDay View Post
Unjust laws must be ignored.
A substantial portion of vehicle licensing fees goes to non-vehicle uses. That is unjust. Now, you know, and you must ignore that law.

You must now drive a car with expired tags.
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  #57  
Old 05-20-2017, 3:14 PM
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OP, as much as anything else, your father could use some other help. I will say a few prayers for your father, hoping this whole thread has been many years premature.

Good luck to you and your father.
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  #58  
Old 05-20-2017, 4:37 PM
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I'm going to repeat because not enough of you guys are saying this. Get a will and a health directive yesterday. Have a lawyer do this job, they can also tell you if a trust is a good instrument for you (probably not) but you want a professional to do this. My lawyer says he does bedside wills all week long and charges extra for that.
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