Legal Transfer From Deceased Older Brother to Younger Brother?

[knight0334]

Gee... in NJ the statute of limitations for prosecution of an illegal firearms transfer is 5 years. After that you can legally possess an illegally obtained firearm.

(Attended and will be attending seminars given by NJ's premiere firearms lawyer, the one and only Evan Nappen. They have been eye opening to say the least. Also, U.S. Law Shield.)

The statute of limitations is 8 years in PA, but the firearm is still contraband.

[sota]

GL's idea of estate administrator is an interesting idea.
And given the family tree listed in the OP, I wouldn't be surprised if he became that by default.

[Boo Vuccla]

Just remember that there is also RESPONSIBILITY with that title. If his "matters" were a wreck before he passed away, you would be in the middle of it and will be required to try to straighten it out. There is a lot to being the Estate Admin, POA/DPOA or executor of an estate. And it may not be worth the monetary or sentimentality of that handgun in the long run. Just putting it out there!

[srfive3]

If there was no will, then the estate would have to follow PA's lawful order of intestate succession. ...and siblings are farther down the list than parents, children, grandparents, and grandchildren. Intestate succession always favors up and down in relations over the side relations(siblings/aunts/uncles/cousins).

1. Spouses
2. If there are children and a spouse = spouses get the first $25K or $30K, then half there after. Children split other half.
3. If no children and spouse = spouse gets first $25K or $30K, then the parents get the other half.
4. No spouse, but there are children - children get it.
5. No spouse, no children - parents get it all.
6. Grandparents/grandchildren.
7. Siblings
8. Aunts/uncles and there children.

So, who of what relation is still alive?

The mother is alive and also lives at the same residence. However, I don't believe she has become estate admin.

If this is the case then the mother could leave/give the pistol to her son (parent to child) with or without a transfer (what about his age, should he wait til he's 21)?

I appreciate the help from all and do not expect legal council here, was just trying to get an idea of how to direct the young man.

Thanks.

[GunLawyer001]

The mother is alive and also lives at the same residence. However, I don't believe she has become estate admin.

If this is the case then the mother could leave/give the pistol to her son (parent to child) with or without a transfer (what about his age, should he wait til he's 21)?

I appreciate the help from all and do not expect legal council here, was just trying to get an idea of how to direct the young man.

Thanks.

Don't get confused about who the "transferor" is. If the mother inherited the gun, then sure, she could give her gun to her in-state, non-prohibited son over 18. But if she didn't inherit the gun, then she's not the transferor, the estate is. There's a separate exemption for estate transfers, regardless of who the executor or admin is, and the rules are different for each type of transfer (for example, estate inheritance transfers can cross state lines, but PA's parent-child exemption does not).

[srfive3]

Thanks GL. I'll be sure to pass your info along to the young man. Would probably be in his best interest to seek legal council if he or his mother have not inherited the firearm or neither are estate admin.

[39flathead]

Thanks GL. I'll be sure to pass your info along to the young man. Would probably be in his best interest to seek legal council if he or his mother have not inherited the firearm or neither are estate admin.

Good to see you got some real advice besides that suggestion to break the law like someone else suggested.

Hope it works out for the brother.