After Passing Away

[mkfromnm]

If I were to die suddenly, would my wife be able to easily transfer ownership and/or sell my firearms? Would they have to be willed to her? They are all registered in my name so are they still community property? Apologize ahead if this has been covered but I could not find this situation.

Thanks

[Armando de la Guerra]

Don't ask here. Make an appointment with an attorney (preferably an expert in Estates and Trusts).

[Librarian]

A lawyer and a will is exactly the right answer.

There are other legal maneuvers, like trusts, but CA community property laws and gun ownership don't mesh cleanly.

And, this is not an FFL question, so moving to Legal Discussion forum.

[stix213]

Wouldn't the executor of the estate handle this?

[Librarian]

Wouldn't the executor of the estate handle this?

Sure - the executor named in the will, or the successor trustee to a trust would worry about that stuff.

Or someone appointed by the Probate Court.

[Manolito]

You sir will not have to worry about it.

[guntrust]

You sir will not have to worry about it.

From your cold, dead hands ... or from trustees and beneficiaries who can shoot back.

Your call.

[lhecker51]

If I were to die suddenly, would my wife be able to easily transfer ownership and/or sell my firearms? Would they have to be willed to her? They are all registered in my name so are they still community property? Apologize ahead if this has been covered but I could not find this situation.

Thanks

I can answer that: Your wife has full ownership and the same authority as you do as long as she is not a prohibited person. The death certificate is all that is required to establish this. If she is a prohibited person, then you will need to consult an attorney. I just went through this two years ago when I bought a widow's gun collection. Unless the law has changed since, then I would not worry.

The elderly are at particular risk of non-compliance if they do not keep up with the ever changing firearms laws. Ensure your collection is in compliance or you may leave your spouse open to prosecution if all the docs are not in order. No matter how ridiculous the law may be, LEO's must enforce the law and let the DA determine if your wife will be prosecuted. That is the problem with zero tolerance and mandatory sentencing laws.

I still recommend you seek advice from an attorney that specializes in firearms law.