Transfer after death?

thumbert · Mar 25, 2015

Looking for information on how the new MD laws affect the transfer of firearms after the death of the owner. A family friend has recently been diagnosed with cancer and he currently has no heirs. He owns a number of regulated and unregulated firearms and does not want to leave them to family members upon his passing. I have heard that the new MD laws say that regulated firearms can only be transferred to family members? Would he be able to transfer them into a gun trust and leave them to a unrelated trustee? Any info to point us/him in the right direction would be helpful.

dontpanic · Mar 25, 2015

Lawyer up. Check the IP section. It will be worth every penny.

NateIU10 · Mar 25, 2015

He can leave them to anyone in his will. That is likely the easiest option if there's no NFA firearms. I suggest going to one of the IPs that does estate planning and getting an estate plan set up with specific bequests of the firearms.

fabsroman · Mar 25, 2015

NateIU10 said:
He can leave them to anyone in his will. That is likely the easiest option if there's no NFA firearms. I suggest going to one of the IPs that does estate planning and getting an estate plan set up with specific bequests of the firearms.

This. He just needs to set forth in his Last Will & Testament exactly who he wants the firearms to go to. Otherwise, if he passes on without a Last Will & Testament, everything in his estate is dispersed according to the intestacy laws of Maryland.

Just so there is no confusion, the word heir does not mean issue. Issue refers to kids, grandkids, great grandkids, etc. Issue is lineal descendants. An heir is anybody that would inherit. The OP's friend most likely has some heirs since he does not want family to inherit the firearms.

If the OP has no kids (e.g., issue), then this is how Maryland law says things will go:

Section 3-104 - Distribution when there is no surviving issue.

§ 3-104. Distribution when there is no surviving issue.

(a) General.- If there is no surviving issue the net estate exclusive of the share of the surviving spouse, or the entire net estate if there is no surviving spouse, shall be distributed by the personal representative pursuant to the provisions of this section.

(b) Parents and their issue.- Subject to §§ 3-111 and 3-112 of this subtitle, it shall be distributed to the surviving parents equally, or if only one parent survives, to the survivor; or if neither parent survives, to the issue of the parents, by representation.

(c) Grandparents and their issue.- If there is no surviving parent or issue of a parent, it shall be distributed one half to the surviving paternal grandparents equally, or if only one paternal grandparent survives, to the survivor, or if neither paternal grandparent survives, to the issue of the paternal grandparents, by representation, and one half to the surviving maternal grandparents equally, or if only one maternal grandparent survives, to the survivor, or if neither maternal grandparent survives, to the issue of the maternal grandparents, by representation. In the event that neither of one pair of grandparents and none of the issue of either of that pair survives, the one half share applicable shall be distributed to the other pair of grandparents, the survivor of them or the issue of either of them, in the same manner as prescribed for their half share.

(d) Great-grandparents and their issue.- If there is no surviving parent or issue of a parent, or surviving grandparent or issue of a grandparent, it shall be distributed one quarter to each pair of great-grandparents equally or all to the survivor, or if neither survives, all to the issue of either or of both of that pair of great-grandparents, by representation. In the event that neither member of a pair of great-grandparents nor any issue of either of that pair survives, the quarter share applicable shall be distributed equally among the remaining pairs of great-grandparents or the survivor of a pair or issue of either of a pair of great-grandparents, in the same manner as prescribed for a quarter share.

(e) No surviving blood relative.- If there is no surviving blood relative entitled to inherit under this section, it shall be divided into as many equal shares as there are stepchildren of the decedent who survive the decedent and stepchildren of the decedent who did not survive the decedent but of whom issue did survive the decedent. Each stepchild of the decedent who did survive the decedent shall receive one share and the issue of each stepchild of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying the pattern of representation set forth in § 1-210. As used in this subsection, "stepchild" shall mean the child of any spouse of the decedent if such spouse was not divorced from the decedent.

Granted, that is probably more than the OP wanted to know, but what the heck. lol

If it is not an NFA item, then it really is a simple matter to pass firearms via a Last Will & Testament.

NateIU10 · Mar 25, 2015

fabsroman said:
This. He just needs to set forth in his Last Will & Testament exactly who he wants the firearms to go to. Otherwise, if he passes on without a Last Will & Testament, everything in his estate is dispersed according to the intestacy laws of Maryland.

Just so there is no confusion, the word heir does not mean issue. Issue refers to kids, grandkids, great grandkids, etc. Issue is lineal descendants. An heir is anybody that would inherit. The OP's friend most likely has some heirs since he does not want family to inherit the firearms.

If the OP has no kids (e.g., issue), then this is how Maryland law says things will go:

Section 3-104 - Distribution when there is no surviving issue.

§ 3-104. Distribution when there is no surviving issue.

(a) General.- If there is no surviving issue the net estate exclusive of the share of the surviving spouse, or the entire net estate if there is no surviving spouse, shall be distributed by the personal representative pursuant to the provisions of this section.

(b) Parents and their issue.- Subject to §§ 3-111 and 3-112 of this subtitle, it shall be distributed to the surviving parents equally, or if only one parent survives, to the survivor; or if neither parent survives, to the issue of the parents, by representation.

(c) Grandparents and their issue.- If there is no surviving parent or issue of a parent, it shall be distributed one half to the surviving paternal grandparents equally, or if only one paternal grandparent survives, to the survivor, or if neither paternal grandparent survives, to the issue of the paternal grandparents, by representation, and one half to the surviving maternal grandparents equally, or if only one maternal grandparent survives, to the survivor, or if neither maternal grandparent survives, to the issue of the maternal grandparents, by representation. In the event that neither of one pair of grandparents and none of the issue of either of that pair survives, the one half share applicable shall be distributed to the other pair of grandparents, the survivor of them or the issue of either of them, in the same manner as prescribed for their half share.

(d) Great-grandparents and their issue.- If there is no surviving parent or issue of a parent, or surviving grandparent or issue of a grandparent, it shall be distributed one quarter to each pair of great-grandparents equally or all to the survivor, or if neither survives, all to the issue of either or of both of that pair of great-grandparents, by representation. In the event that neither member of a pair of great-grandparents nor any issue of either of that pair survives, the quarter share applicable shall be distributed equally among the remaining pairs of great-grandparents or the survivor of a pair or issue of either of a pair of great-grandparents, in the same manner as prescribed for a quarter share.

(e) No surviving blood relative.- If there is no surviving blood relative entitled to inherit under this section, it shall be divided into as many equal shares as there are stepchildren of the decedent who survive the decedent and stepchildren of the decedent who did not survive the decedent but of whom issue did survive the decedent. Each stepchild of the decedent who did survive the decedent shall receive one share and the issue of each stepchild of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying the pattern of representation set forth in § 1-210. As used in this subsection, "stepchild" shall mean the child of any spouse of the decedent if such spouse was not divorced from the decedent.

Granted, that is probably more than the OP wanted to know, but what the heck. lol

If it is not an NFA item, then it really is a simple matter to pass firearms via a Last Will & Testament.

Troof.

Rack&Roll · Mar 25, 2015

Why doesn't he just sell them while he is alive and give the money to a favorite charity?

If his family isn't going to get them anyway, why not see it through--he might enjoy seeing a real firearms fan end up with them.

fabsroman · Mar 25, 2015

Rack&Roll said:
Why doesn't he just sell them while he is alive and give the money to a favorite charity?

If his family isn't going to get them anyway, why not see it through--he might enjoy seeing a real firearms fan end up with them.

I would guess that he wants to leave them to the OP in some form or another.

fabsroman · Mar 25, 2015

OP,

I missed the trust portion of the question. Unless the firearms are NFA firearms, then he cannot use a trust. If the items are NFA items and he used a trust, he would have to have an ultimate beneficiary in mind to receive the firearms at some point down the line after his passing. For instance, my NFA trust provides that once my youngest surviving child reaches the age of 25, then the firearms are to be distributed to my children per stirpes (per stirpes means that if a child is deceased, then that child's inheritance/property would go to that child's children).

I am hoping that I am around long enough just to gift most of my firearms to my kids.

thumbert · Mar 26, 2015

He would like to leave them to several unrelated people. Didn't know if the new laws regarding the transfer of "assualt" weapons would prevent some for the guns from being willed or inheirited down. He has no children and is not married, he doesn't want to leave them to family as stated before as there is currently "bad blood" between siblings.

thumbert · Mar 26, 2015

I know contacting a lawyer would be the best bet and he plans on it, was just looking if anyone had any experience or knowledge in the matter

fabsroman · Mar 26, 2015

thumbert said:
He would like to leave them to several unrelated people. Didn't know if the new laws regarding the transfer of "assualt" weapons would prevent some for the guns from being willed or inheirited down. He has no children and is not married, he doesn't want to leave them to family as stated before as there is currently "bad blood" between siblings.

Well, if the items are not NFA items, as stated earlier, then a Last Will & Testament would be the route he should go. It will allow him to leave specific firearms to specific people. It would also allow him to address any other asset issues if there is bad blood anywhere.

Dan_Br · Mar 29, 2015

fabsroman said:
This. He just needs to set forth in his Last Will & Testament exactly who he wants the firearms to go to. Otherwise, if he passes on without a Last Will & Testament, everything in his estate is dispersed according to the intestacy laws of Maryland.

Just so there is no confusion, the word heir does not mean issue. Issue refers to kids, grandkids, great grandkids, etc. Issue is lineal descendants. An heir is anybody that would inherit. The OP's friend most likely has some heirs since he does not want family to inherit the firearms.

If the OP has no kids (e.g., issue), then this is how Maryland law says things will go:

Section 3-104 - Distribution when there is no surviving issue.

§ 3-104. Distribution when there is no surviving issue.

(a) General.- If there is no surviving issue the net estate exclusive of the share of the surviving spouse, or the entire net estate if there is no surviving spouse, shall be distributed by the personal representative pursuant to the provisions of this section.

(b) Parents and their issue.- Subject to §§ 3-111 and 3-112 of this subtitle, it shall be distributed to the surviving parents equally, or if only one parent survives, to the survivor; or if neither parent survives, to the issue of the parents, by representation.

(c) Grandparents and their issue.- If there is no surviving parent or issue of a parent, it shall be distributed one half to the surviving paternal grandparents equally, or if only one paternal grandparent survives, to the survivor, or if neither paternal grandparent survives, to the issue of the paternal grandparents, by representation, and one half to the surviving maternal grandparents equally, or if only one maternal grandparent survives, to the survivor, or if neither maternal grandparent survives, to the issue of the maternal grandparents, by representation. In the event that neither of one pair of grandparents and none of the issue of either of that pair survives, the one half share applicable shall be distributed to the other pair of grandparents, the survivor of them or the issue of either of them, in the same manner as prescribed for their half share.

(d) Great-grandparents and their issue.- If there is no surviving parent or issue of a parent, or surviving grandparent or issue of a grandparent, it shall be distributed one quarter to each pair of great-grandparents equally or all to the survivor, or if neither survives, all to the issue of either or of both of that pair of great-grandparents, by representation. In the event that neither member of a pair of great-grandparents nor any issue of either of that pair survives, the quarter share applicable shall be distributed equally among the remaining pairs of great-grandparents or the survivor of a pair or issue of either of a pair of great-grandparents, in the same manner as prescribed for a quarter share.

(e) No surviving blood relative.- If there is no surviving blood relative entitled to inherit under this section, it shall be divided into as many equal shares as there are stepchildren of the decedent who survive the decedent and stepchildren of the decedent who did not survive the decedent but of whom issue did survive the decedent. Each stepchild of the decedent who did survive the decedent shall receive one share and the issue of each stepchild of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying the pattern of representation set forth in § 1-210. As used in this subsection, "stepchild" shall mean the child of any spouse of the decedent if such spouse was not divorced from the decedent.

Granted, that is probably more than the OP wanted to know, but what the heck. lol

If it is not an NFA item, then it really is a simple matter to pass firearms via a Last Will & Testament.

if there is only an husband and wife, can they go to the wife without a will.
thanks
dan

fabsroman · Mar 29, 2015

Dan_Br said:
if there is only an husband and wife, can they go to the wife without a will.
thanks
dan

The answer is maybe.

MD Code Est. & Trusts. 3-102 Share of surviving spouse (Maryland Code (2013 Edition))

(a) In general. -- The share of a surviving spouse shall be as provided in this section.

(b) Surviving minor child. -- If there is a surviving minor child, the share shall be one-half.

(c) No surviving minor child, but surviving issue. -- If there is no surviving minor child, but there is surviving issue, the share shall be the first $ 15,000 plus one-half of the residue.

(d) No surviving issue, but surviving parent. -- If there is no surviving issue but a surviving parent, the share shall be the first $ 15,000 plus one-half of the residue.

(e) No surviving issue or parent. -- If there is no surviving issue or parent, the share shall be the whole estate.

(f) Calculation of net estate. -- For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7-308 of the Tax - General Article.

HISTORY: An. Code 1957, art. 93, § 3-102; 1974, ch. 11, § 2; 1978, ch. 111; 1982, ch. 264; 1991, ch. 55, § 1.

There are a lot of "ifs". When you say there is "only husband and wife", does that mean there are no children to the couple and no surviving parents of the couple? If so, then the wife gets everything and no need to worry. If there are surviving kids and/or surviving parents of the couple, then things get a little more complicated. That is where the maybe comes in. Depends on how much the estate is worth, how much the wife gets to keep, and how much the firearms are worth. Not only that, but whether a parent wants the firearms too.

End of the day, best to sit down and talk to an attorney if you have any doubt.

Dan_Br · Mar 29, 2015

fabsroman said:
The answer is maybe.

MD Code Est. & Trusts. 3-102 Share of surviving spouse (Maryland Code (2013 Edition))

(a) In general. -- The share of a surviving spouse shall be as provided in this section.

(b) Surviving minor child. -- If there is a surviving minor child, the share shall be one-half.

(c) No surviving minor child, but surviving issue. -- If there is no surviving minor child, but there is surviving issue, the share shall be the first $ 15,000 plus one-half of the residue.

(d) No surviving issue, but surviving parent. -- If there is no surviving issue but a surviving parent, the share shall be the first $ 15,000 plus one-half of the residue.

(e) No surviving issue or parent. -- If there is no surviving issue or parent, the share shall be the whole estate.

(f) Calculation of net estate. -- For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7-308 of the Tax - General Article.

HISTORY: An. Code 1957, art. 93, § 3-102; 1974, ch. 11, § 2; 1978, ch. 111; 1982, ch. 264; 1991, ch. 55, § 1.

There are a lot of "ifs". When you say there is "only husband and wife", does that mean there are no children to the couple and no surviving parents of the couple? If so, then the wife gets everything and no need to worry. If there are surviving kids and/or surviving parents of the couple, then things get a little more complicated. That is where the maybe comes in. Depends on how much the estate is worth, how much the wife gets to keep, and how much the firearms are worth. Not only that, but whether a parent wants the firearms too.

End of the day, best to sit down and talk to an attorney if you have any donubt.

thanks, no children, but surviving mothers

Transfer after death?

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