Deceased Person PPT

[Guest]

HELLO,

Have a customer ask if she can transfer a firearm from her deceased husband to her. She has her husband's ID and her ID same address and last name and marriage certificate.

Any Inputs, THANKS....

[Mssr. Eleganté]

All she needs to do for handguns is send in the the Operation of Law/Intrafamilial handgun form. She can download is off of CalDOJ's web site. The fee is $19 for any number of handguns. She is required to have a Handgun Safety Certificate first.

For long guns she is not required to do or report anything.

[tenpercentfirearms]

Unless the dead guy can sign, no.

However, as was stated, you wouldn't want to use PPT between spouses or straight up and down the blood line relatives as the intra-famlial process is cheeper and does not require the gun dealer to hold onto the firearms.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?

Have her fill that out and send it up to the state.

[Mr. Beretta]

Please educate me.

In California, husband & wife have and share community property in life and in death. She already "owns" those firearms IMHO.

Why does she have to transfer something to her name, she already owns?

And if she doesn't own them, who does?

[Dingoguns]

OpLaw.

/thread

[Mssr. Eleganté]

...In California, husband & wife have and share community property in life and in death. She already "owns" those firearms IMHO.

That is kind of a myth.

In California a husband and wife can have both separate property and community property. The California Family Code allows spouses to "transmute" separate property to community property and community property to separate property and separate property of one spouse to separate property of the other spouse.

[Mr. Beretta]

That is kind of a myth.

In California a husband and wife can have both separate property and community property. The California Family Code allows spouses to "transmute" separate property to community property and community property to separate property and separate property of one spouse to separate property of the other spouse.

So......If I die and have left no will or other document indicating my wishes regarding the deposition of my firearms registered in my name, who owns them? or my stamp collection? or my ????

And who makes that decision?

And if the firearms do not belong to my wife, who assumes custody of them?

Does an officer of the court or some type of LEO respond and collects the firearms?

Is DOJ somehow automatically notified about the situation (death) and take some type of action?

Is the widow financially compensated for the current value of the firearms? or stamp collection?

Is the widow allowed to sell or give away the property or do they need a court order?

*****************And yes, my wife and I are in good heath !******************

[kemasa]

If you own a vehicle and it is only titled in your name and you die, what do you think happens to it? Do you think that magically the DMV will change the name to your wife (widow)? There is no magic and the title needs to be changed, which is the same as for handguns.

If you are left handguns in a will, you still need to do the proper paperwork.

Who owns the property is the same as with all other things, but some items, such as vehicles, real estate and handguns need to have certain paperwork done to reflect the change in ownership.

[Mssr. Eleganté]

So......If I die and have left no will or other document indicating my wishes regarding the deposition of my firearms registered in my name, who owns them? or my stamp collection? or my ????

And who makes that decision?

If you die without a will then your stuff is dispersed according to the rules of intestate succession in your State of residency. I think in most States your surviving spouse gets everything. If your spouse is not a U.S. citizen then she might have to pay inheritance taxes on some of the estate.

In California a surviving spouse who inherits handguns (and starting in 2014 any firearms) is required to register them with CalDOJ by sending in the Operation of Law form along with $19.

[Mr. Beretta]

If you die without a will then your stuff is dispersed according to the rules of intestate succession in your State of residency. I think in most States your surviving spouse gets everything. If your spouse is not a U.S. citizen then she might have to pay inheritance taxes on some of the estate.

In California a surviving spouse who inherits handguns (and starting in 2014 any firearms) is required to register them with CalDOJ by sending in the Operation of Law form along with $19.

Thanks for the info.