Help with inheritance.

[donovan]

Help with inheritance: I'm going to be very vague in this thread so bare with me please. My father passed away and left several handguns.They are not currently in my possession. He had no will, it was decided they would go to me. Most of which were purchased pre registration law in CA. What do I need to do to have them legally in my possession? I do not currently posses a CA safety cert or any handguns.

[gigglemonkee]

you can take the guns then there is a form doj you just have to fill out and mail in. I'll pm you a copy

[Librarian]

You need some 'official' process, probably probate of his estate, that documents the guns go to you from the estate. If you are not named in a will or equivalent document, the likelihood is that the estate would be distributed differently. An agreement among the family - 'Oh, Aloysius always intended his guns should go to his son, Murgatroyd' - is not sufficient. (Everybody reading: get a will, and put your instructions in writing!)

If you have that official documentation, you need a Handgun Safety Certificate, and then you file the OPLAW form - http://oag.ca.gov/sites/all/files/ag...rms/oplaw.pdf?

Otherwise, the person(s) to whom the guns were actually distributed may PPT the guns to you; or if properly related (parent, grandparent) may hand them to you - and again you would need the HSC and OPLAW form.

[donovan]

No will, no documentation of distribution of assets. Really there were no assets. I'll go with the OPLAW form and HSC

[fiddletown]

... I'll go with the OPLAW form and HSC

And perhaps violate the law.

Here's roughly how inheritance works:

1. When there's a written will, it normally must be submitted to probate in court.
   
   
   1. The will ordinarily designates an executor (i. e., the personal representative of the decedent). That person is not the executor unless and until the will is admitted to probate in the proper court and the court issues Letters Testamentary recognizing that person as executor.
      
      
   2. The executor once qualified then proceeds to identify and account for the assets of the estate. He may need to collect debts owed the decedent and manage property or other assets of the estate. He might also need to sell assets of the estate to raise funds to pay debts of the decedent and/or taxes. He or she then pays debts and taxes of the decedent under court supervision.
      
      
   3. The executor then handles, again under court supervision, distribution of the assets of the estate in accordance with the terms of the written will.
   
   
   
2. Intestate succession when someone dies without a will is not some informal dividing up of the decedent's property amongst the relatives. It's a highly formalized procedure.
   
   
   1. First, someone has to go to the proper court and apply to be named the administrator (i. e., the personal representative of the decedent to wind up the estate) of the decedent's estate.
      
      
   2. Once the court has issued an order designating someone as the administrator, that person proceeds to identify and account for the assets of the estate. He or she then uses those assets to pay any remaining debts of the decedent and any taxes due. This is all done under the supervision of the court.
      
      
   3. After the debts and taxes are paid, the administrator, under court supervision, will distribute any remaining assets to those relatives entitled under the applicable statutes to a share of the estate. Only those relatives specifically identified in the applicable statutes are entitled to a share of the decedent's property, and only in the proportion set out in the applicable statutes.
   
   
   
3. It's true that often, if there's not a lot of property involved, the relatives don't bother with the formalities and just divide everything up. That usually works out as long as no one complains, but it's not necessarily legal.
   
   
4. And if there's no will the guns actually belong to whomever would get them under California intestate succession law. If that's not you, then the guns don't belong to you. They belong to someone else. If that person wants to give you the guns, that's fine; but they will need to transfer them to you in a manner that complies with applicable law.

[donovan]

I understand the above. I am the oldest son and was given the gun collection and distributed everything else. I will do my best to stay within CA law. Thanks.

[fiddletown]

...I will do my best to stay within CA law....

Then you should really be consulting a lawyer in confidence. There is too much information missing here, and that information might, or might not, be important. There's no way to know, except to guess. In any case, it's not the sort of thing you should be discussing with strangers in public.

[jazman]

If he received permission from the Court appointed Adminstrator, could he (if he wanted) sell the guns doing a normal PPT at an FFL/Gunshop?