Question for lawyers

novus collectus · Jan 24, 2010

Can a living person bequest something to another person using the federal or legal definition of "bequest"?

I ask because I just saw something in fed firearm law that makes me totally rethink some things about it if it is possible.

284 Colton Mag · Jan 24, 2010

I think you have to be alive to bequest something. Once you are dead, it's too late (and hard to find a notary who will sign off?)

novus collectus · Jan 24, 2010

284 Colton Mag said:
I think you have to be alive to bequest something. Once you are dead, it's too late (and hard to find a notary who will sign off?)

I ask because this online definition confused me:

be·queath (b-kw, -kwth)
tr.v. be·queathed, be·queath·ing, be·queaths
1. Law To leave or give (personal property) by will.
2. To pass (something) on to another; hand down: bequeathed to their children a respect for hard work.

284 Colton Mag · Jan 24, 2010

I'm not a lawyer either, but...

US Code, Title 26,102 deals with income from a gift, bequest, devise, or inheritance. West's Dictionary of American Law defines bequest as:

n.

1. The act of giving or leaving personal property by a will.
2. Something that is bequeathed; a legacy.

Soooo. If they get it before you're dead, it's a gift
If they get it after you're dead, it's inheritance
If they get it after you're dead, and you willed it to them, its a bequest.
If they get it after you're dead, and it's real estate, it's a devise

Lawyers, please correct me if I'm wrong.

and out of curiosity, what did you want to do with a bequest that can't be done as a gift?

Inigoes · Jan 24, 2010

from our friend, mister webster:

Main Entry: be·quest
Pronunciation: \bi-ˈkwest, bē-\
Function: noun
Etymology: Middle English, irregular from bequethen
Date: 14th century
1 : the act of bequeathing
2 : something bequeathed : legacy

Main Entry: be·queath
Pronunciation: \bi-ˈkwēth, -ˈkwēth, bē-\
Function: transitive verb
Etymology: Middle English bequethen, from Old English becwethan, from be- + cwethan to say — more at quoth
Date: before 12th century
1 : to give or leave by will —used especially of personal property
2 : to hand down : transmit

novus collectus · Jan 24, 2010

284 Colton Mag said:
I'm not a lawyer either, but...

US Code, Title 26,102 deals with income from a gift, bequest, devise, or inheritance. West's Dictionary of American Law defines bequest as:

n.

1. The act of giving or leaving personal property by a will.
2. Something that is bequeathed; a legacy.

Soooo. If they get it before you're dead, it's a gift
If they get it after you're dead, it's inheritance
If they get it after you're dead, and you willed it to them, its a bequest.
If they get it after you're dead, and it's real estate, it's a devise

Lawyers, please correct me if I'm wrong.

and out of curiosity, what did you want to do with a bequest that can't be done as a gift?

"Devise"....another word I have to look up.

and out of curiosity, what did you want to do with a bequest that can't be done as a gift?

A firearm accross state lines from grandparent to grandchild before their death.
I know it is legal for someone in another state to recieve a firearm after death as a bequeathment or by intestate seccession without going through an FFL, but I was wondering about the part of a living grandparent passing along a firearm to a grandchild accross state lines before a death as a part of their "legacy" if on the outside chance "bequest" has a definition I never expected.

284 Colton Mag · Jan 24, 2010

ATF 478.30 reads "bequest of a firearm to, or any acquisition by intestate succession of a firearm by" which translated says Grandpa gave the Mosin to little Johnny in his will (bequest of a firearm to), but Grandpa's collection of 1911's wasn't specified in the will, so the executor will divide them up between beneficiaries as part of probate (intestate succession). If Grandpa isn't dead yet, it's a gift.

Now, ATF 478.30 does allow you to "loan" a person a firearm across state lines without involving a FFL, soooo...

Write the firearm into the will as a bequeath, then loan it to them for, say, 100 years or until probate, whichever comes first. Same ends, different means.

284 Colton Mag · Jan 24, 2010

FWIW, my father-in-law is currently executor of his grandfathers estate...it can be a mess. I would strongly advise that specific firearms be specified as bequests in the will... this can save the kids a fight and the executor a headache.

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