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Old December 5th, 2017, 06:47 PM #1
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How to transfer pistols from an estate

My SIL's husband died rather unexpectedly, and he left behind 4 pistols. She has the original paperwork on two of them. She does not have power of attorney, or any other legal document proving ownership. She would like to sell them. How does she legally transfer them?
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Old December 5th, 2017, 06:57 PM #2
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I would assume that since she was married to him all the possessions become marital property providing that there was nothing in the will to explain otherwise. If that's the case then she can sell them if she wants.
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Old December 6th, 2017, 05:21 PM #3
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Quote:
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I would assume that since she was married to him all the possessions become marital property providing that there was nothing in the will to explain otherwise. If that's the case then she can sell them if she wants.
No, that's not correct. Maryland's intestate succession laws provide for 1/2 of the estate to go to the surviving spouse and the other 1/2 to go to surviving minor children. From there it gets more complicated.

In Maryland, a power of attorney is null and void upon the death of the principal, so that wouldn't help here.

To do this properly, your sister-in-law needs to open an estate and properly administer/probate the estate. She'll get Letters of Administration naming her as the personal representative, and from there she can use the Letters of Administration to transfer the assets/handguns.

If I'm not mistaken, she will need to go to either the MDSP or an FFL to handle the transfer, but she'll be exempt from the HQL requirement since she's receiving the firearms as an inheritance.
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Old December 6th, 2017, 05:29 PM #4
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OP never mentioned any children. I don't believe the hand guns have to be transferred to her in order to sell them.
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Old December 6th, 2017, 11:33 PM #5
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Quote:
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No, that's not correct. Maryland's intestate succession laws provide for 1/2 of the estate to go to the surviving spouse and the other 1/2 to go to surviving minor children. From there it gets more complicated.

In Maryland, a power of attorney is null and void upon the death of the principal, so that wouldn't help here.

To do this properly, your sister-in-law needs to open an estate and properly administer/probate the estate. She'll get Letters of Administration naming her as the personal representative, and from there she can use the Letters of Administration to transfer the assets/handguns.

If I'm not mistaken, she will need to go to either the MDSP or an FFL to handle the transfer, but she'll be exempt from the HQL requirement since she's receiving the firearms as an inheritance.

Good correct information
Letter of administration would come from the registrar of wills. I believe if the estate is worth less than $13,000 there is no probate.
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Old December 7th, 2017, 07:00 AM #6
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Quote:
Originally Posted by 6-Pack View Post
No, that's not correct. Maryland's intestate succession laws provide for 1/2 of the estate to go to the surviving spouse and the other 1/2 to go to surviving minor children. From there it gets more complicated.

In Maryland, a power of attorney is null and void upon the death of the principal, so that wouldn't help here.

To do this properly, your sister-in-law needs to open an estate and properly administer/probate the estate. She'll get Letters of Administration naming her as the personal representative, and from there she can use the Letters of Administration to transfer the assets/handguns.

If I'm not mistaken, she will need to go to either the MDSP or an FFL to handle the transfer, but she'll be exempt from the HQL requirement since she's receiving the firearms as an inheritance.
Interesting, thank you. There are no children. Are the Letters of Administration specific to individual things? She said she got two forms....one for each of his vehicles, and I think she said they were Letters of Administration.
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Old December 7th, 2017, 04:57 PM #7
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Well, if the handguns were listed on the Schedule B (small estate), then she would’ve gotten extra letters. You generally get a letter for each asset.
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Old December 8th, 2017, 07:18 AM #8
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Thanks for the help
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