Legal Transfer From Deceased Older Brother to Younger Brother?

[srfive3]

Legal question for PA residents. A buddy of mine recently died, he was 24 and owned a single pistol. His 19-year old brother also shares the same residence/address (they'd lived together with an even younger sister. The younger brother is now the oldest resident of his deceased brother's home).

What must the 19-year old brother due to legally possess the firearm if it has not been "willed" to anyone? The question of him being only 19 and possessing a pistol in PA is also in question. It's understood that he cannot carry the pistol outside his home/business, it's solely for home protection and range work until he's old enough to apply for a LTCF.

This was an unexpected death with no wills or anything in place. Any advice would be appreciated in helping out this young man.

[knight0334]

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?

[knight0334]

BTW - at 18 a person can carry openly on foot, except on public domain of Philly or during a state of emergency.

[free]

Didn't your friend gift his pistol to his little brother for his 18th birthday?

[t1066]

Didn't your friend gift his pistol to his little brother for his 18th birthday?

Please don't encourage crimes.

The allowed transfers in PA, when both are residents that don't require an FFL are between:

Husband and wife
Parent and child
Grandparent and grandchild

Siblings aren't included.

[GunLawyer001]

Someone should get himself appointed as estate administrator.

[free]

Siblings aren't included.

Ah, I didn't realize that. That sucks. But good to know.

[knight0334]

Someone should get himself appointed as estate administrator.

This^... It pretty much resolves things.

Executors are allowed a certain claim for their duties of distribution of estate and settlement of debts. And as a person in the line of intestate succession, you could transfer the firearm to yourself without paperwork for part of your portion of that claim. ....which, being that you are under 21yo, no FFL would be allowed to do it anyways. (sheriffs technically can, but none if any will)

[39flathead]

Please don't encourage crimes.

The allowed transfers in PA, when both are residents that don't require an FFL are between:

Husband and wife
Parent and child
Grandparent and grandchild

Siblings aren't included.

Armchair lawyering, gotta love it.

[Carson]

Armchair lawyering, gotta love it.

Was he incorrect ?