Question about inherited guns from brother.

[dem0critus]

Hey guys,
So my brother recently passed away, and he left me his guns (2 rifles and a shotgun). Now, he didn't leave a will, and I'm not the executor. I've read around and heard various things about some "intra-familial transfer exemption" but that only applies to father-son, grandfather-grandson or something like that.

If I chose to sell the rifles, is there some kind of paperwork that I would need to fill out? I have seen reference to this: http://oag.ca.gov/sites/all/files/ag...orms/oplaw.pdf but I've also read that it doesn't need to be filed unless they're handguns.

Any help would be greatly appreciated.

[Mssr. Eleganté]

Hey guys,
So my brother recently passed away, and he left me his guns (2 rifles and a shotgun). Now, he didn't leave a will, and I'm not the executor.

Sorry for your loss. If there was no will then how did he leave you his guns? Was he unmarried with no children and no surviving parent?

[dem0critus]

Sorry for your loss. If there was no will then how did he leave you his guns? Was he unmarried with no children and no surviving parent?

He is indeed unmarried with no children. Officially, there is no record of him specifically leaving them to me, it was only verbally expressed before he died. There is a surviving parent, but we've agreed that he wanted me to have them, and the parent isn't eligible to receive them anyways.

[-hanko]

He is indeed unmarried with no children. Officially, there is no record of him specifically leaving them to me, it was only verbally expressed before he died. There is a surviving parent, but we've agreed that he wanted me to have them, and the parent isn't eligible to receive them anyways.

I think your next step is to speak with the executor, legally he controls the distribution of your brother's estate.

[Chewy65]

Are their any other surviving brothers and sisters or issue of deceased siblings? Regardless, his estate needs to be probated. As for speaking with the executor, I believe OP already mentioned that there is none named in a will, as there is not will. If there is no real property in the estate and it is valued at less than $150K (check the current limit set by law) you may not need to do a full probate but get by with what is known as a summary probate.

[dem0critus]

Are their any other surviving brothers and sisters or issue of deceased siblings? Regardless, his estate needs to be probated. As for speaking with the executor, I believe OP already mentioned that there is none named in a will, as there is not will. If there is no real property in the estate and it is valued at less than $150K (check the current limit set by law) you may not need to do a full probate but get by with what is known as a summary probate.

Ya, it's definitely less than 150k. I no nothing about this process. Does anyone know who I would contact to get more information about this? I want to make sure I'm doing everything according to the law.

[Chewy65]

This may help. You might want to google "california probate court small estate". Of course, you may wish to see an attorney. There are also paralegal services that complete documents, but are not permitted to act as attorneys, and I do not know if they are any good or not.