inheritance of firearms (scenario question)

[coble]

Gandfather dies. Son (my uncle) who lived with him his whole life. Tells his nephew (me grandson). Is there anything that you would want of your grandfathers. "yep" all his guns, pistols and rifles.

There is no will. I guess my uncle would be the executor of state (by default). I dont believe they ever went to a lawyer to have this done.

From what I read, I am under the impression. he should be able to just give me what ever firearms I want. Being that they are not class 3, and I am not prohibited by law, which I am not.

I want to do this right (by law). Because if something would happen, and they take my grandfathers guns from me. I think I would cry.

[Brick]

Rifles and shotguns yes, it is just a ftf "sale". Handguns, go through a FFL just to CYA since they are not a direct gift or bequest to you from your grandfather.

[donm]

All Pennsylvania residents?

[knight0334]

Rifles and shotguns yes, it is just a ftf "sale". Handguns, go through a FFL just to CYA since they are not a direct gift or bequest to you from your grandfather.

He could inherit them via intestate succession which is covered just the same as having a will.

[knight0334]

All Pennsylvania residents?

Remember too that federal law allows for interstate transfers via bequest and intestate succession.

The only concern would be with any party being in a state that restricts transfers.

[tl_3237]

If I understand your question correctly we know:

1. Your grandfather dies without a will;
2. he had at least two children (your uncle and your parent)
3. at least 1 child is living (uncle).


But what we don't know:

How many children total did your grandfather have?
How many of those children were alive at the time of his death?
Was his child who is your parent alive at the time of his death?
Is your grandfather's spouse living or dead?
Approximately how much is the entire estate worth?

All these questions have to do with intestate succession and significantly bear on whether you can receive assets in the estate distribution.

[coble]

All Pennsylvania residents?

yessur.

If I understand your question correctly we know:

1. Your grandfather dies without a will;
2. he had at least two children (your uncle and your parent)
3. at least 1 child is living (uncle).


But what we don't know:

How many children total did your grandfather have?
How many of those children were alive at the time of his death?
Was his child who is your parent alive at the time of his death?
Is your grandfather's spouse living or dead?
Approximately how much is the entire estate worth?

All these questions have to do with intestate succession and significantly bear on whether you can receive assets in the estate distribution.

1. 3 children
2. all were alive
3. my mom is still around
4. spouse is dead
5. no idea what the estate is worth.

Is it possible that my mom could get the firearms, and give them to me with less hoopla? (just thought of that) The less paper work the better IMO.

[tl_3237]

yessur.

1. 3 children
2. all were alive
3. my mom is still around
4. spouse is dead
5. no idea what the estate is worth.

Is it possible that my mom could get the firearms, and give them to me with less hoopla? (just thought of that) The less paper work the better IMO.

As I understand intestate succession in Pa [IANAL] the surviving three children share equally in the estate residual (20 PA CSA 2120). Their issue (such as you) do not have any claims to the estate. You have no inheritance.

What could happen to facilitate the transfer to you, if all beneficiaries agree, is to have the firearms assigned to your mother towards her share of the estate. Provided your mother is a Pa resident and non-prohibited, once she officially receives the firearms from the estate distribution by the executor (no FFL required under 18 Pa CSA 6115), she can then gift them to you without the need for an FFL under 18 Pa CSA 6111(c).

If any of the beneficiaries object to the firearms being assigned to your mother the executor somehow negotiates their dispersal or, if no agreement can be reached, may have to liquidate them and apply the proceeds to the estate. If the estate has debts & taxes not covered by other assets then some or all of the firearms would have to be liquidated.

If your mother in not a Pa resident then her gifting to you would require an FFL's services.

Note: to self and others - this is one reason why its important to have a will.

[coble]

As I understand intestate succession in Pa [IANAL] the surviving three children share equally in the estate residual (20 PA CSA 2120). Their issue (such as you) do not have any claims to the estate. You have no inheritance.

What could happen to facilitate the transfer to you, if all beneficiaries agree, is to have the firearms assigned to your mother towards her share of the estate. Provided your mother is a Pa resident and non-prohibited, once she officially receives the firearms from the estate distribution by the executor (no FFL required under 18 Pa CSA 6115), she can then gift them to you without the need for an FFL under 18 Pa CSA 6111(c).

If any of the beneficiaries object to the firearms being assigned to your mother the executor somehow negotiates their dispersal or, if no agreement can be reached, may have to liquidate them and apply the proceeds to the estate. If the estate has debts & taxes not covered by other assets then some or all of the firearms would have to be liquidated.

If your mother in not a Pa resident then her gifting to you would require an FFL's services.

Note: to self and others - this is one reason why its important to have a will.

For once I actually understand what I read. Thank you very much tl_3237.

These people I talk of, are very old school Pa dutch farmers. Did not believe in lawyers, hospitals and other organizations. Kinda handle the law, live off the land by them selves people. I realize its not like that anymore. Times sure have changed, from what I heard and seen in photos.

[c45man]

As long as no one challenges as to who gets what, the matter will not be a matter of probate court. In the case of probate, no one is the executor or trix by default. In fact, the court is the executor. Costs the estate money for the court to act as the judge regarding who gets what. Bad feelings no matter who is perceived to have "won". Pa. Dutch traditions? Doubt that the matter will ever see the doorfront of a courthouse.