Pennsylvania Firearm Owners Association
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  1. #1
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    Default Buying or transferring firearms from friend's deceased boyfriend

    A good friend of mine had her live in boyfriend pass recently. They were living together in his house.

    After taking her to the vet with her pup, she showed me some tools she wanted to sell off.

    I noticed a gun safe and asked what she intended to do with his guns. I think there will be mostly hunting guns but really don't know yet.

    The 2 of them lived together for a few years. He has at least one sister.

    I am going to do an inventory of what's in there. The long guns I'm not too concerned about but if any handguns are in there, what would be the process required to either sell them or transfer them.

    I'm not sure if she is now the rightful owner ( not sure if there was a will but will ask ).

    She is going to move back into her house and needs to clean out the house they were living in. Seems like the sister gets the house AFAIK.
    I'll verify with her that she can now legally dispose of or sell them.

    Any input will be helpful.

    27
    Opinions are like anal apertures. They all stink but mine.

  2. #2
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    Lewistown, Pennsylvania
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    Default Re: Buying or transferring firearms from friend's deceased boyfriend

    First, you need to find out if there was a will. They might not even legally be hers, and unless there was a will listing her as beneficiary, she probably can't legally do anything with any of the estate. I'm sure one of the lawyers in the group can give a better answer, once you find out about the will.

  3. #3
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    Default Re: Buying or transferring firearms from friend's deceased boyfriend

    What IV said ^^^ Just living together, depending on how long I suppose, she won't be the executor of the BF's estate. She can take her possessions but she can't do anything with his unless there is a will or if she gets named as the executor. IANAL, but if his parents are alive, one of them will probably be named as the executor. If it were me, I'd stay out of the house, do not do anything there as you don't have any say in any of the matters and if someone knows/hears that you've been in there and they say XYZ is missing, guess who they are going to look at.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  4. #4
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    Default Re: Buying or transferring firearms from friend's deceased boyfriend

    ^^^^^^^^^^^Yup! I concur! IANAL but the advice above is sound!
    Neighbors watch and talk. That guy was over there today. I saw him taking GUNS out of the house! Oh my God! He drives a blah blah blah, etc etc etc.
    People don't mind their own business and in some cases, it can be a good thing. I want to know who is around my house or camp if I'm not around and I have great neighbors when it comes to keeping an eye on things and vice-versa for their places!
    However, people that say "I mind my own business" are usually the ones that don't and blab their observation conclusions and that is where you could get in trouble. Siblings, cousins and deaths in the family resulting in an empty house afterwards are always fodder for rumors and gossip that will come back and bite you! My 2 cents is wait for the executor to be named and go from there.
    Engineers make things idiot proof! Evolution makes better idiots!

  5. #5
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    Default Re: Buying or transferring firearms from friend's deceased boyfriend

    Under PA's rules of intestacy, "live in girlfriend" has no status at all.

    He either had a will, or not. Either way, there are rules that determine who gets what, and any transfer would be from the estate to you or whomever, via the Executor (if a will) or the Administrator (if not).

    In practice, lots of guns just vanish when someone dies, along with jewelry and cash and whatever else can be stolen by anyone with access and no witnesses.

    I advise everyone to have a will. Your family and friends will still grieve, but you remove a few burdens from their lives.

    (BTW, we do wills here, but lots of lawyers do decent wills. Even the on-line cut & paste versions are better than nothing. You should have a will, if for no other reason than to make it easier for your nominee to get appointed Executor and then have authority to collect your bank accounts and such, before stuff starts to go missing.)
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  6. #6
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    Default Re: Buying or transferring firearms from friend's deceased boyfriend

    Gentlemen.
    Thank you all for the input.
    After these holidays, which i know are hard for her, ill talk to her about what was brought up here.
    Have a Merry Christmas.
    27
    Opinions are like anal apertures. They all stink but mine.

  7. #7
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    Default Re: Buying or transferring firearms from friend's deceased boyfriend

    Quote Originally Posted by GunLawyer001 View Post
    Under PA's rules of intestacy, "live in girlfriend" has no status at all.

    He either had a will, or not. Either way, there are rules that determine who gets what, and any transfer would be from the estate to you or whomever, via the Executor (if a will) or the Administrator (if not).
    After talking to her, there was no will. This kind of surprises me as he had deteriorating health issues for quite a while before he passed.

    His only living relative is a sister in Arizona. The house itself was owned by him, the sister and mother ( mother passed a few years ago).

    The sister is allowing her to live there ( its been about a year now) but asked that she eventually clean the place out ( the GF's words).

    My question is what might be needed to establish her as the Administrator? Would his sister be able to sign over these duties to her or would a Lawyer be needed to do so? The GF works part time as a hairdresser so money is a bit of an issue for her.

    My interest might be some tools I could use but I would have them appraised and make an offer if she is in a position to legally sell them.
    Firearms too. I'm not looking to get them but if there is sometime that might pique my interest, I'd buy whatever might interest me.

    I offered to help her inventory the items she wants to clear out. Perhaps a list like this sent to her sister might make the difference of her flying here to take on the duties herself but it doesn't seem likely ( once again, the GF's words).

    Her and my wife being very good friends is the reason I even looked at what was in the house at her request. I only met the deceased BF a couple times.
    over the years.
    Opinions are like anal apertures. They all stink but mine.

  8. #8
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    Default Re: Buying or transferring firearms from friend's deceased boyfriend

    Quote Originally Posted by 27hand View Post
    After talking to her, there was no will. This kind of surprises me as he had deteriorating health issues for quite a while before he passed.

    His only living relative is a sister in Arizona. The house itself was owned by him, the sister and mother ( mother passed a few years ago).

    The sister is allowing her to live there ( its been about a year now) but asked that she eventually clean the place out ( the GF's words).

    My question is what might be needed to establish her as the Administrator? Would his sister be able to sign over these duties to her or would a Lawyer be needed to do so? The GF works part time as a hairdresser so money is a bit of an issue for her.

    My interest might be some tools I could use but I would have them appraised and make an offer if she is in a position to legally sell them.
    Firearms too. I'm not looking to get them but if there is sometime that might pique my interest, I'd buy whatever might interest me.

    I offered to help her inventory the items she wants to clear out. Perhaps a list like this sent to her sister might make the difference of her flying here to take on the duties herself but it doesn't seem likely ( once again, the GF's words).

    Her and my wife being very good friends is the reason I even looked at what was in the house at her request. I only met the deceased BF a couple times.
    over the years.
    If this is PA, then based solely on what you wrote, it sounds like the sister has the strongest claim to be the Administrator, but she can formally decline in favor of the GF, if she wants to. The GF is on-site and knows what's there, so there may be reasons to do it that way.

    Nobody has the legal right to take or dispose of his stuff until the county Register of Wills accepts paperwork and appoints an Administrator and taxes are paid, etc. Call the Register of Wills office, they tend to be helpful. They deal with lots of inexperienced people who are trying to do it right, so they have packets of helpful info, schedules of what has to be done, stuff like that.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  9. #9
    Join Date
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    Default Re: Buying or transferring firearms from friend's deceased boyfriend

    Thanks GL.
    My wife and I are pet sitting her puppy who is a cone head due to eye cancer surgery. That's how I saw the safe and asked about what might be in it.
    I will forward this info to her.

    27
    Opinions are like anal apertures. They all stink but mine.

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