Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Aug 2011
    Location
    North West, Pennsylvania
    (Erie County)
    Posts
    1,200
    Rep Power
    21474845

    Default Re: Pa handgun transfer law

    The fiance has no standing.

    Talk an attorney.
    They call me "Simple Jack".

  2. #12
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
    Age
    71
    Posts
    5,406
    Rep Power
    21474854

    Default Re: Pa handgun transfer law

    It's bad enough when you are named executor (and you're in Pennsylvania and the deceased isn't). Luckily, no guns were involved in my case.

    I don't even want to think about no will and multiple offspring.

    Get a lawyer, now.

  3. #13
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    12,523
    Rep Power
    21474861

    Default Re: Pa handgun transfer law

    Quote Originally Posted by Statkowski View Post
    It's bad enough when you are named executor (and you're in Pennsylvania and the deceased isn't). Luckily, no guns were involved in my case.

    I don't even want to think about no will and multiple offspring.

    Get a lawyer, now.
    The Executor or the Administrator can transfer guns to any legal, non-prohibited heir, if all the other heirs and/or the court signs off on the proposed transfer, after all debts and taxes and estate costs are paid first.

    A significant number of estates have no money or assets for the heirs to get, after the just debts and costs are paid.

    The key thing is, someone has to get named as the personal representative, will or no will. Then things can happen legally.

    If you get to that point, there are special PA and Federal rules for transfers from estates to heirs, within states or across state lines.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  4. #14
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    47
    Posts
    18,750
    Rep Power
    21474867

    Default Re: Pa handgun transfer law

    What GL001 said...


    About the fiance handing over the firearms to a potential heir. That could/would be construed to be an act of good faith. It wouldn't have been a "transfer" because the fiance wasn't in the line of succession, so he didn't own it. He merely moved possession to a proper person in line for succession. Again, it was not a "transfer of ownership". If the house that the deceased and the fiance cohabited was in his name, or even half in his name, he had a right to have the firearms removed from such if he doesn't want them in his home - especially now that the deceased has no say in the matter if the house was co-owned/leased.

    His relocating the firearms would not violate the UFA because the person it was relocated to was a potential heir in the lines of intestate succession.

    Now, the new person possessing it would have duty to declare it as an asset of the estate for the purposes of liquidating debts, and assets thereafter to proper heirs/beneficiaries. You don't hide things from other potential heirs/beneficiaries. Even if another heir is a prohibited person, he/she has a right to his/her share of monetary value of the firearm(s). The non-prohibited persons could negotiate a buy-out of that value if they want to keep said firearm(s), or sell the firearm(s) and split the money.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot.

  5. #15
    Join Date
    Feb 2009
    Location
    Not in NJ, MD, CT or NY, USA
    Posts
    712
    Rep Power
    2044689

    Default Re: Pa handgun transfer law

    I heard she gave them to you a few years ago.

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