If there was no will, and so long as there are no descendants involved, everything automatically transfers to the surviving spouse. If the deceased had any legally recognized children, the surviving spouse inherits 3/5 and the children inherit 2/5 which means probate court will be necessary to figure out who gets what. If the latter is the case, you'd have to wait for everything to clear probate to be able to legally sell any of the firearms because they don't automatically transfer as the kids would have the right to seek claim on them.
If there was no will, and so long as there are no descendants involved, everything automatically transfers to the surviving spouse. If the deceased had any legally recognized children, the surviving spouse inherits 3/5 and the children inherit 2/5 which means probate court will be necessary to figure out who gets what. If the latter is the case, you'd have to wait for everything to clear probate to be able to legally sell any of the firearms because they don't automatically transfer as the kids would have the right to seek claim on them.
Thats a WV Law?
Is that also the case in MD?
What if there was a will and 4 minor children?
Does the will specifically have to include the firearms? Or is it considered joint property like everything else, just goes to the spouse?