Clarification on inheritance of regulated firearms from out of state?

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  • fabsroman

    Ultimate Member
    Mar 14, 2009
    35,902
    Winfield/Taylorsville in Carroll
    Ugh. That reminds me I need to update my will. Something tells me my wife and I aren’t going to see eye-to-eye on that update. she wants to see my guns cut, crushed and melted when I go. I will likely directly will select firearms to my children. Honestly I don’t care too much about not all of them getting to my kids, but I do care that certain ones do.

    I guess on the interstate transfer/FFL thing I was thinking about “pass through” bequeathments. Not sure legally what you’d call it. Situations where ain’t Jane inherits all of granddad’s stuff as either named or next of kin, but doesn’t want the guns so she gives them to grandson Joe. Since Joe isn’t named or next of kin...They’d he Jane’s gun’s she is actually giving to Joe.

    At least that is my understanding and possibly what I’ll have to deal with supposing my wife’s uncle doesn’t create a will (I doubt he has one. He isn’t married and has no children and isn’t exactly a planner).

    Aunt Jane could disclaim her interest in the firearms, and then the firearms would go to the next person in the Will or the next person in line based upon the intestacy statute, as if Aunt Jane had predeceased the testator. I have a huge headache right now, or I would get into it a little further.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,730
    Aunt Jane could disclaim her interest in the firearms, and then the firearms would go to the next person in the Will or the next person in line based upon the intestacy statute, as if Aunt Jane had predeceased the testator. I have a huge headache right now, or I would get into it a little further.

    Dude, rest up. I also didn’t realize that on wills and succession.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,630
    MoCo
    An FFL friend of mine told me of the woman who came into his shop with the M16 A2 she inherited from her late husband. She despised all firearms, and insisted that this wonderful class 3 arm be given to a local police department to be destroyed. He offered her the $20K or so that it was worth at the time, but she said no, she wanted one less evil gun in the world, she didn't need the money, and that she wanted it destroyed. It was. Her husband did a very poor job planning for the disposition of this gun!
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,902
    Winfield/Taylorsville in Carroll
    An FFL friend of mine told me of the woman who came into his shop with the M16 A2 she inherited from her late husband. She despised all firearms, and insisted that this wonderful class 3 arm be given to a local police department to be destroyed. He offered her the $20K or so that it was worth at the time, but she said no, she wanted one less evil gun in the world, she didn't need the money, and that she wanted it destroyed. It was. Her husband did a very poor job planning for the disposition of this gun!

    Meh, death is like retirement. People think it will never happen. So, they don't save for retirement and they don't plan for death. 2009 was an eye opening year for me. Once I got better, I drafted Wills, Advanced Health Care Directives, and Power of Attorneys for me and my wife and we started saving even more than we were saving before that.

    The NFA items are in a NFA trust for the benefit of my kids. My Will has not been adjusted yet for the specific bequest of firearms because I have no idea which kids are truly interested in them. Probably a good thing since the 4th child was just born. Damn, now that I think about it, I might have to change up the NFA trust to add the 4th child too it and remove the 1st child from it. I know that the oldest, who is 10, has no passion for firearms whatsoever. That means I will have to take care of her in some other way so she does not feel jaded about the others getting value in the firearms.

    This estate planning stuff can give one a heck of a headache. Easier to die and just let the heirs fight about everything.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,730
    Meh, death is like retirement. People think it will never happen. So, they don't save for retirement and they don't plan for death. 2009 was an eye opening year for me. Once I got better, I drafted Wills, Advanced Health Care Directives, and Power of Attorneys for me and my wife and we started saving even more than we were saving before that.

    The NFA items are in a NFA trust for the benefit of my kids. My Will has not been adjusted yet for the specific bequest of firearms because I have no idea which kids are truly interested in them. Probably a good thing since the 4th child was just born. Damn, now that I think about it, I might have to change up the NFA trust to add the 4th child too it and remove the 1st child from it. I know that the oldest, who is 10, has no passion for firearms whatsoever. That means I will have to take care of her in some other way so she does not feel jaded about the others getting value in the firearms.

    This estate planning stuff can give one a heck of a headache. Easier to die and just let the heirs fight about everything.

    Honestly that is in the back of my mind. As much as I want to set things up, my kids are just too young for me to figure it all out. Sometime soon I do want to sit down with my wife and discuss what would happen if I died and the kids aren’t adults yet. Probably hold on to a few to allow them to decide if they want them as they become adults. The rest leave them to a friend who’d appreciate them.

    Once they are adults or near adults though I’ll have that discussion with them and figure it out.
     

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