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  #1  
Old 03-21-2021, 8:35 PM
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Default Relative passed away with guns

I know there are many threads regarding this, but to find it is a bit of a pain.

This isn't regarding me, but a neighbor. He is a fellow gunowner (not a CGer), his relative (CA resident) had recently passed away and left him with all the firearms and related items.

The guns are supposedly really really old. (Possibly) pre-90s purchased. But neighbor is unsure because he got no paperwork with the firearms. The only thing he has is a makeshift will the relative had made before passing and death certificate.

He has no plans to keep any and wants to sell all as he already has guns.

What does he need to do in order to sell them?

(if ya'll wondering what guns, I will be helping him price it out sometime this week or next and will be listing on his behalf on CG in near-future.)
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Old 03-21-2021, 10:09 PM
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You don't say, but it seems the person given the guns via will is also a CA resident.

Is that resident related to the deceased as parent, child or grandchild? That matters - any other relationship (nephew, friend, neighbor) in CA must receive inherited guns through a CA FFL. That's CA Penal Code 27875.
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Old 03-22-2021, 5:14 AM
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Quote:
Originally Posted by S.O.A.R. View Post
Both are CA residents. They are not direct related as in father-son.

Neighbor is 60s, relative bit older when passed.

The firearms were given to him by the relatives family/lawyer at death accordance to the relative's handwritten will and he is the first contact to the deceased relative as he holds the death certificate.
The relatives' family lawyer would be considered the executor of the deceased's estate.

In order to legally transfer the firearms under CA laws/regulations, that person will need to transfer the firearms to the, non-immediate family member, relative through a CA FFL dealer.
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Old 03-22-2021, 6:47 AM
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Ok thanks ya'll. I will pass this info to the neighbor.
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Old 03-22-2021, 7:42 AM
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Article linked in my sig may be helpful.
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  #6  
Old 04-20-2021, 7:53 AM
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so if you die WITH guns did you die FROM guns?

Cos this is what happens with Covid right...
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Old 04-20-2021, 9:43 AM
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There is more to this than just the transfer of guns. Depending upon their value, probate comes into the picture along with everything going along with that.

This is often the problem with advice on the internet, you get what you pay for and often the advice is narrowly defined because of the question and the scope of interest of those giving the advice.

Depending up the make, model and type of gun its not beyond reason that even a few guns can be valued at over $100,000 and any transfer of them carry rather huge financial implications.

Are there any other relatives that can contest the makeshift will? This is the problem when issues like this become centered around the guns and disregard all the other legal concerns.

OP, your neighbor should be seeking the advice from an attorney not the internet that is relayed by you. The cost for advice is minimal considering the serious consequences of handing property of a deceased person, family or not. Far too often when it comes to these things the advice considers only how to transfer the guns but that merely a process compared to all the other legal problems that come from disposing of property to which other claims might exist.

Advise your neighbor to speak with an attorney. They don't need to hire on to go through the whole process but at least get the knowledge on what and how to do it.
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Old 04-21-2021, 11:46 AM
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Pre-90's guns are "old" ? No

Wants to sell them because he already has guns? That just doesn't sound rational. They could be better than what he has or not.
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Old 04-21-2021, 12:00 PM
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Quote:
Originally Posted by alpha_romeo_XV View Post
Pre-90's guns are "old" ? No

Wants to sell them because he already has guns? That just doesn't sound rational. They could be better than what he has or not.
Gotta remember that these days the newer generations see anything older than 2000 as before they were born or at best before they started going to school. Their history starts around 2000, anything before that is old.

Then too, if it's not on the Internet it never happened and someone just made it up.
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Old 04-21-2021, 12:40 PM
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Neighbor and I have yet to go through what he has and what he needs to do, as he is currently busy with the lawyer and preparing funeral arrangements.

The firearms he received are old, but what he has are older or more valuable to him. Btw, my neighbor is close to 70, so... couldn't be possible what he received are less valuable to him to what he has?
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  #11  
Old 04-21-2021, 3:28 PM
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Much of this comes down to emotional attachment. For some people, having things from a deceased person doesn't sit well and even for things of value they really don't want or need them.

Since the death is recent (still busy with funeral arrangements) your neighbor would be wise to not do anything with them for 6 months or even longer. Clarity of thought after the raw emotions if present, subside a bit are often much better than those formulated in haste or because there is some false sense of urgency. Now is probably not the time to start valuing items like this and then just getting rid of them.

As a concerned friend, the best help you can give is to offer guidance with priorities and selling guns right now isn't one of them unless he's ambivalent about the gift and everything else is just routine.
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