Firearm Inheritance

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    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,914
    Winfield/Taylorsville in Carroll
    fabsroman said:
    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.
    Click to expand...

    Anderson76 put it more eloquently and in legalese, but he is right. If you can get your mom and sisters to disclaim their interest in the firearms, and your sisters do not have any children if the division in the Will is per stirpes, then the guns can flow to you. If your sisters have children and the division is per stirpes, you can get them to disclaim too. If they have minor children, things get a little more complicated.
     
    S

    SneakySh0rty

    Active Member
    Aug 22, 2013
    608
    Pasadena
    I guess now I am asking legal advice. How do I go about these disclaims. Do they need to be any specific form. Who do these claims go to? Thanks for all this knowledge

    Galaxy S4
     
    F

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,914
    Winfield/Taylorsville in Carroll
    SneakySh0rty said:
    I guess now I am asking legal advice. How do I go about these disclaims. Do they need to be any specific form. Who do these claims go to? Thanks for all this knowledge

    Galaxy S4
    Click to expand...

    The disclaimers are drafted up by the attorney helping with the estate and they are usually addressed to the Personal Representative. I guess you could draft them yourself if you learn how to do so.
     
    S

    SneakySh0rty

    Active Member
    Aug 22, 2013
    608
    Pasadena
    Thanks for all the help everyone has provided. Here is an update. My mother hired an estate lawyer to assist with the process. Unfortunately it does not seem like he is extremely versed in handling firearms. But, my mother's main concern was properly closing my dad's medical practice and other assets only in his name.

    When I mentioned the disclaimer route, he said that's fine, but would need to see what needs to be done/sent to MSP.
     
    F

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,914
    Winfield/Taylorsville in Carroll
    SneakySh0rty said:
    Thanks for all the help everyone has provided. Here is an update. My mother hired an estate lawyer to assist with the process. Unfortunately it does not seem like he is extremely versed in handling firearms. But, my mother's main concern was properly closing my dad's medical practice and other assets only in his name.

    When I mentioned the disclaimer route, he said that's fine, but would need to see what needs to be done/sent to MSP.
    Click to expand...

    Sounds like you are on the right track. If there are any issues once he contacts MSP, and you have questions, don't hesitate to ask. Feel free to send me a PM. Think the board even gives you the option of sending me an e-mail. Hopefully, I will have the answer for your question. lol
     
    BigDaddy

    BigDaddy

    Ultimate Member
    Feb 7, 2014
    2,235
    fabsroman said:
    Thing is, I don't know how it works for the Form 77r regarding the inheritance of a firearm. Does MSP want to see a copy of the Will, or is the personal representative being there enough?
    Click to expand...

    I asked a friend who went through this last year. He needed only:
    A) A death certificate
    B) The form declaring he was the personal representative.

    When you think about it, the MSP is ill prepared to wade through and evaluate every will. The will must be filed in the county of death so there is a paper trail. Under what circumstances would someone follow this paper trail?

    You P.O.'d a former AA county executive when he was in office sexually harrassing his staff and he sent his police chief, who is collecting full pension benefits, to find all the dirt he could, you might have a problem.
     
    S

    SneakySh0rty

    Active Member
    Aug 22, 2013
    608
    Pasadena
    BigDaddy said:
    I asked a friend who went through this last year. He needed only:
    A) A death certificate
    B) The form declaring he was the personal representative.

    When you think about it, the MSP is ill prepared to wade through and evaluate every will. The will must be filed in the county of death so there is a paper trail. Under what circumstances would someone follow this paper trail?

    You P.O.'d a former AA county executive when he was in office sexually harrassing his staff and he sent his police chief, who is collecting full pension benefits, to find all the dirt he could, you might have a problem.
    Click to expand...
    my issue is I am neither named the personal representative nor the direct heir. Once my sisters and mothers disclaim to the firearms then I can inherit vs gifted. I havent gotten to the MSP point yet so I dont really know what theyll need besides the death certificate. Especially when they see im not the PR or heir listed

    Sent from my SCH-I545 using Tapatalk
     
    F

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,914
    Winfield/Taylorsville in Carroll
    SneakySh0rty said:
    my issue is I am neither named the personal representative nor the direct heir. Once my sisters and mothers disclaim to the firearms then I can inherit vs gifted. I havent gotten to the MSP point yet so I dont really know what theyll need besides the death certificate. Especially when they see im not the PR or heir listed

    Sent from my SCH-I545 using Tapatalk
    Click to expand...

    The Personal Representative (i.e., your mother), will probably have to go with you to MSP to accomplish the transfer from the estate to you.
     
    S

    shooter56

    Active Member
    Aug 28, 2015
    141
    This is an old thread but we just went through this. Probably depends on which barracks you go to and which officer you see. My wife's sister passed away. Divorced, no kids, no will, my wife was executor of estate. We went in and told them we wanted to do an inheritance transfer for the handgun. He asked if there was a will. No. Didn't ask for a death certificate nor for any papers indicating my wife is executor. He checked the handgun, we filled out the form 77 which he marked as a voluntary transfer and we were on our way, no fee. YMMV.
     
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