? for you FFL holders/dealers

by Cherokee @, Medina, Ohio, Saturday, February 25, 2012, 07:37 (4468 days ago)

If in my will I leave firearms to someone, do they have to go through a dealer to get them ? One would be in state, the other would not be in the same state.

Depends on your state

by Slow Hand ⌂ @, Indiana, Saturday, February 25, 2012, 11:38 (4468 days ago) @ Cherokee

In Indiana we don't have to do paperwork for private sales. I know MO used to have a law where you had to have a permit for each handgun purchased. If you cross state lines, technically you need to go through an FFL.

I would recommend that you handle this yourself

by bj @, Saturday, February 25, 2012, 19:08 (4468 days ago) @ Cherokee

And I don't intend for that to sound funny. If you are old and you aren't using those guns anymore, go ahead and gift them to the intended recipient. I have heard too many horror stories of small items like that disappearing before the time that the will is read. Various family members may have their own needs and intentions and at this sort of time is when the bad side of people seems to come out, at least I have heard a lot of such horror stories.

"I would recommend that you handle this yourself" DITTOS!!!!

by Hobie ⌂ @, Shenandoah Valley of Virginia, Saturday, February 25, 2012, 20:07 (4468 days ago) @ bj

I have seen and heard of more such things than I would have believed in my youth and the recounting of every instance was prefixed by "I/He didn't believe they could be like that." From the deliberate disposal in dumps of guns and military memorabilia by those who hate such things literally MINUTES after the passing of an individual or misdirection to others because the executor/executrix didn't like the intended recipient, to outright theft of assets by various means, I've seen it all.

--
Sincerely,

Hobie

I would recommend that you handle this yourself

by Norm, Monday, February 27, 2012, 08:41 (4466 days ago) @ bj

Yeh, Jack can tell you some stories about things disappearing from Powell's estate.

Thanks for the comments & cautions, I am actively using

by Cherokee @, Medina, Ohio, Sunday, February 26, 2012, 19:11 (4467 days ago) @ Cherokee

my guns now so no intent to give any away presently, 70 isn't old. Was just wondering since I'm in the process of doing my will. I too have heard and seen how bad family can be so I'm using my lawyer as executor.

Not an FFL nor did I stay at a Holiday Inn Express.

by Wildcat, Flint Hills of Kansas, Monday, February 27, 2012, 18:22 (4466 days ago) @ Cherokee

But, as an actively practicing attorney, I can tell you my experience gleaned over the last 20 years. In Kansas, we have a statute that allows for a handwritten list to be kept with the will, to transfer tangible personal property after death. If there are firearms on the list and they don't turn up, the Executor has a fiduciary duty to discover what happened to them. If they don't end up with the named beneficiary, then the Executor is required to pursue recovery if possible. No FFL is required for transfer to an individual, unless we have an estate sale, and the firearms are sold in that fashion.

A codicil?

by Hobie ⌂ @, Shenandoah Valley of Virginia, Tuesday, February 28, 2012, 14:22 (4465 days ago) @ Wildcat

.

--
Sincerely,

Hobie

A codicil?

by Wildcat, Flint Hills of Kansas, Tuesday, February 28, 2012, 17:28 (4465 days ago) @ Hobie

No. A codicil, at least in Kansas, has to comply with the same requirements as a will, and also has the ability to convey real property and intangible property. The list I referred to merely is signed by the testator of the will, and can be simply a handwritten, signed note. Again, all that can pass via it is tangible personal property.

Thank you.

by Hobie ⌂ @, Shenandoah Valley of Virginia, Thursday, March 01, 2012, 15:32 (4463 days ago) @ Wildcat

.

--
Sincerely,

Hobie

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