Transfer Question

[Mr E]

My grandfathers brother passed away. There was no estate, will, or power of attorney. He had no kids or a wife. I am trying to get the gun transferred into my name. I talked to a couple FFLs, none of them know how to transfer it because there is no one to act as the seller. ATF said there is no issue for them and the paper work problem is on the state level. I get get a copy of the death certificate. What do I do? Thank You

[twency]

He died intestate. There is an estate, the question is to whom the estate passes. It mostly depends on which of his relatives (including you) are surviving.

Here's a little starter reading material: DYING WITHOUT A WILL - THE LAW OF INTESTATE SUCCESSION IN PENNSYLVANIA

A google search along the lines of intestate succession in pennsylvania will yield additional info.

[Mr E]

The problem with this is that there is no paperwork I can give to the FFL, showing that I am a relative.

[twency]

The problem with this is that there is no paperwork I can give to the FFL, showing that I am a relative.

Someone needs to be legally assigned to administer the estate.

From http://evans-legal.com/dan/faq.html#intestacy:

Who administers an estate when there is no will (or the executor named in the will is unable or unwilling to serve)?

If there is no will, or there is a will but the executor (or executors) named in the will is unable or unwilling to serve, the Register of Wills is required to issue "letters of administration" to the following persons (and with the following priority):

• To those who are entitled to the residuary estate under the will (if there is a will).
• To the surviving spouse.
• To those intestate heirs that the Register believes will best administer the estate.
• To the creditors of the estate.
• To other fit persons.
• To a nominee of any of the preceding persons who renounces his or her right to administer the estate.
• To a guardianship support agency serving as guardian of an incapacitated decedent.
• For information on filing a petition for letters of administration (and a form of renunciation), see my article "How to Probate a Will in Pennsylvania."

[GunLawyer001]

Everyone has an estate when they die, whether it's by will or intestacy, filed or not.

If you have property of the estate, and you want to make it your own, the problem being discussed here is that you can't just take stuff that the dead guy left behind.

There are creditors, heirs, and taxes ahead of you.

[Statkowski]

... the problem being discussed here is that you can't just take stuff that the dead guy left behind.

Unwritten rule in Coal Country - First relative to the house gets the best stuff.

[knight0334]

Unwritten rule in Coal Country - First relative to the house gets the best stuff.

I've seen that a number of times, even within my own family.

I don't think a single relative of mine that has passed away since I was born had a will. I remember one incident where everyone left my great uncle's services to go to his house to grab something(he had no kids/wife ever). My dad and grandmother were pissed that all his other siblings, nieces, nephews, cousins were just going through his stuff and grabbing what they wanted - not even 15 minutes after the first handful of dirt was thrown on his coffin lid.

[Statkowski]

My wife was advised not to attend a funeral, not because of anything she had done or said (we were too new to the area to have pissed off anyone). However, there were family factions that were at odds with one another.

Oh, it became necessary to have the police come in and calm everyone down. I don't know if any arrests were made.

[WCMG]

Everyone has an estate when they die, whether it's by will or intestacy, filed or not.

If you have property of the estate, and you want to make it your own, the problem being discussed here is that you can't just take stuff that the dead guy left behind.

There are creditors, heirs, and taxes ahead of you.

Exactly.

When a Pennsylvania resident dies without a Will, they die intestate, which literally means “without a Will.” Upon filing a Petition with the Register of Wills, which includes a statement that no Will has been found, the Register of Wills normally appoints an Administrator of the estate, as personal representative of the estate.

So, the FFL needs the "Administrator of the Estate" to transfer you the firearms, IF you are entitled to them.

[Mr E]

MY great uncle passed away a year or 2 ago. Both my grandfather and his brother were present when they cleaned out his apartment. They had both decided I should take the guns because I was the only one in the family who had guns. I tried taking care of the transfer right after he had passed but the local FFL couldn't give me any answers. I then forgot about it until i went and sold one of my rifles. Now I want to take care of it.

Luckily my dad ran into the owner of the local gun shop. He told him the situation and he said he would take care of it personally.

Thank you everyone for your help.