Results 11 to 18 of 18
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August 11th, 2018, 03:18 PM #11
Re: Inheritance Question and State Police Advice - Friend Needs Help
Simple: Talk to a lawyer.
DGAF
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August 11th, 2018, 03:45 PM #12
Re: Inheritance Question and State Police Advice - Friend Needs Help
I'd just walk away and tell the bitch not to bother me.
Gender confusion is a mental illness
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August 11th, 2018, 04:41 PM #13
Re: Inheritance Question and State Police Advice - Friend Needs Help
Without a Will, the rules of intestacy apply.
It's not uncommon for people who die without homes or cars or much money to NOT have an estate raised, and there's even an informal procedure for resolving small estates. I suspect that a lot of widows don't formally do anything much except continue living in their home (especially if owned by the entireties) and doing what they did before, albeit with more choice as to what they watch on TV.
But there are some things that require that someone be the administrator, including the disposition of firearms, legally. Otherwise, police tend to seize them, hold them, and eventually forfeit them. You also need an admin to empty bank accounts, sell off estate property, publish legal notices, pay off the creditors, etc.
If no estate is raised, then anyone with a stake in the assets can apply to be the admin. That includes major creditors. Let's say you owe the bank for your home, and the family walks away after you die. The bank needs someone upon whom they can serve the foreclosure papers, and if nobody steps up, the bank itself will send someone in to apply to be the admin. Alternatively, if you end up holding serious property of a decedent and there's nobody representing the estate, you might find it worthwhile to appoint someone to receive that property on behalf of the estate and give you a valid receipt.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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August 11th, 2018, 10:25 PM #14Active Member
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Re: Inheritance Question and State Police Advice - Friend Needs Help
interesting.
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August 12th, 2018, 09:00 AM #15
Re: Inheritance Question and State Police Advice - Friend Needs Help
Looking a little closer at the finer grains.....could it be argued (and be the default) that if a prohibited person is willed the guns, that even though they cannot take possession of them, they're still entitled to the equivalent value? Presumably by putting them up for sale on the open market and giving the proceeds (minus sales costs) to the prohibited person? If that IS true, is the executor required to put out that effort? Can the executor say, "not bothering with that" or refuse to consider this finer issue? Will the prohibited person have a strong case if we're talking $5000 worth of guns and files a claim against the estate for $5000? Or the executor for that amount?
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August 12th, 2018, 09:25 AM #16
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August 12th, 2018, 10:46 AM #17
Re: Inheritance Question and State Police Advice - Friend Needs Help
Yes, and one of the high courts(state or fed, cant remember) ruled something similar in the past 8 years.
While a prohibited person may not possess firearms, they are entitled to their value.
If the executor and only living heirs are all prohibited persons, none shall be in direct possession(control and custody) of the firearms. It would be up to the executor to find a lawful 3rd party to handle the firearms so that they can be converted into their monetary equivalent.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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August 12th, 2018, 11:09 AM #18
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