Sorry for your loss. Prayers to you and your family.
Looking back at the OP's list, nothing is banned.
So he can purchase them from the Estate as mentioned, or if they go to his mother, she can transfer them to him (but since not inheritance, $10 for each 77R).
The lowers can be transfered, but the question becomes their status for the OP to build out in a now banned configuration. It seems that they were built into a banned configuration before Oct 1, but since he is not inheriting them (you can inherit banned firearms), then you would receive them only as a stripped lower.
So, to me, it seems he is screwed on the lowers to configure them into a banned firearm. He can make a pistol, HBAR, or SBR out of them.
While I am king (or at least prince) of gallows humor, I have to say this is a big bag of fail.**** cancer bury them in the yard
Any items not in a will will go to the estate to be disposed of by the personal representative (I did this).First of all, doesn't a will constitute the "estate"? Since this, other than real property, is enumerated in a will. If the firearms are not in the will, they are "not there"?
So, where would they be transferred or inherited "from"?
Any items not in a will will go to the estate to be disposed of by the personal representative (I did this).
I believe the OPs mom is alive so I'd think that all items (not in a will) go to her. That's how it worked for my dad who predeceased my mom.
IANAL.
I'll not gainsay you as I know you are a lawyer.Any Will written by a competent attorney should have a residuary clause. The residuary clause disburses all the property that is not specifically covered via specific bequests. Usually, it is to a surviving spouse, children, or a charity. So, if the guns are not specifically given to somebody, they would probably be distributed through the residuary clause. I already discussed this above. Search the thread for "residuary clause".
I have never come across a Will that did not have a method to distribute all the property in the estate. I would guess that absent a residuary clause with assets still remaining in the estate, they would be distributed based upon the statute for intestate succession.
Do they still have pay phones?
If nothing is banned in his list, then it doesn't matter if he inherits them or receives them as a gift, because they cannot now be built into a banned configuration. Now, if they were in a banned configuration before October 1, 2013, then it really comes down to whether there is a way to get them to him via the Will.
It really is hypotheticals and speculation without seeing the Will. Hopefully, his attorney can steer him in the right direction.
I'll not gainsay you as I know you are a lawyer.
I only speak from my own experience where any items not in the will were disposed of as I saw fit, per what I knew to be my mom's wishes.
I can say there was no written residual clause in her will. This was also a fairly small estate (in Montgomery County).
My point was that if they had been in a banned configuration, and he inherited them, they might be able to be returned to a banned configuration.
No disrespect to the OP or the loss of his father. Like many here, I lost my father and have missed him every day.
The assumption is Dad had a legally configured AR 15(s) and sold the upper(s) prior to Oct 1st. Common sense, which has absolutely nothing to do with MD law, would say he will inherit the lower as is now, not how it might have been. It might have been an illegal SBR at some point.
If Pinecone is correct, and maybe he is, how does one prove it, short of pics of the gun on an old MDS post? More importantly to the rest of us, we inherit or leave to our heirs a banned weapon and there is no documentation of when it was purchased. Oct 1st was only last year but 5 or 10 years down the road, who is going to remember or know if Uncle George from SC bought his AR15 before 10/14?
Forgot to add, previous threads on this subject say there is no need to itemize firearms in the will. Of course to answer my own question, if they were itemized, with respect to date of purchase, that would document their legality. How Uncle George would know to do that to satisfy MD law is another issue.
If everybody is good with the guns going to you, then there should be no problem regarding the non-banned items because whoever is the beneficiary under the residuary clause, she could gift them to you. If you happen to be a partial beneficiary under the residuary clause, then you can take the handguns, might even be able to take the banned assault weapons too. Thing is, showing that you inherited them properly.
A disclaimer can also be used if the guns would flow to you via the Will should somebody disclaim. Really, these are things that need to be discussed with the attorney with the Will in front of him. A lot of speculation on my part and what ifs, but how the Will is drafted will control what your options are.
Looking back at the OP's list, nothing is banned.
So he can purchase them from the Estate as mentioned, or if they go to his mother, she can transfer them to him (but since not inheritance, $10 for each 77R).
The lowers can be transfered, but the question becomes their status for the OP to build out in a now banned configuration. It seems that they were built into a banned configuration before Oct 1, but since he is not inheriting them (you can inherit banned firearms), then you would receive them only as a stripped lower.
So, to me, it seems he is screwed on the lowers to configure them into a banned firearm. He can make a pistol, HBAR, or SBR out of them.
I give and bequeath all of my estate and property of every nature , whether real, personal, or mixed, tangible or intangible, wheresoever situate, of which i may die seized or possessed or to which I may anywise be entitled at the time of my death to my beloved wife (my mom's name).
In the even that (mom) predeceases me or does not survive me by 30 days, I direct that my estate pass to be three beloved children (named) in equal shares.
Found my dads copy of the will while cleaning things. Reading it over, my mother is listed as the personal representative of the estate. Also, this is in here:
I dont know how i can inherit if my mom is listed as both the PR and the sole heir of all his stuff.
But, what matters though is that it seems I will be able to hold onto the handguns via gift. I dont mind the small fee to keep them.
Since my main concern was addressed, Ill turn my attention to AR lowers. Since I was not named and I didnt see any residuary clause to the effect of Fabsroman's, I think those too can only be gifted/transferred by my mom and not inherited. Meaning, they lose their grandfather status. Not as ideal as I wouldve liked to keep one of them in the config my dad made it into.
If you really want an SBR, HBAR, or AR pistol, just go out and buy one or buy another lower and build one.
FYI - there is no residuary clause because what was drafted was essentially a residuary clause. Probably no specific bequests in the Will, so everything was simply left to your mother if she survived him. If she didn't survive him, then everything was left equally to the 3 kids.
Also, I didnt say there wasnt a residuary clause, just that there wasnt one present to the quality of your sample. My mom constantly said she did not want to inherit anything and wanted it to go directly to the 3 kids. It seems my dad had his own wishes. If there was a clause like yours in my dads will, i think i couldve directly inherited the firearms versus gifting or waiting for my mom to pass.
....However, the MD Uniform Disclaimer of Property Interests Act allows person to disclaim property interests that they acquire via inheritance (among other things). If your mother and siblings disclaim their interest in the firearms, the disclaimer relates back to the date of your father’s passing and the law will treat your mother and siblings as having pre-deceased your father (with respect to the disclaimed property).
Under this scenario, title to the firearms would devolve to the personal representative and then title would further devolve as the personal representative distributes the firearms to you. State differently, you will have inherited the firearms.