Police in custody of my brother's long gun. Months later, he died and police still ha

[mtwtrf]

My brother had his rifle taken by police after a medication related incident. They deemed it unfit for him to have around. That was in November, 2014 and he never bothered with getting it back. He died last month, and I would like to have his rifle. The police don't seem to know exactly what I need for them to release it. They asked if I was the executor of his estate. This has not been legally established. Our father is still alive - is he next of kin and therefore executor? What do I need to legally provide them to release the rifle to me?

[tl_3237]

My brother had his rifle taken by police after a medication related incident. They deemed it unfit for him to have around. That was in November, 2014 and he never bothered with getting it back. He died last month, and I would like to have his rifle. The police don't seem to know exactly what I need for them to release it. They asked if I was the executor of his estate. This has not been legally established. Our father is still alive - is he next of kin and therefore executor? What do I need to legally provide them to release the rifle to me?

If your brother had a will he would have nominated an executor who would have to be certified by the court; if no will then he died intestate and the court would have to appoint an administrator.

In either case, the firearm is the property of the estate and should be released to the administrator/executor, after having been court certified, unless there is some evidentiary value that require the police to keep it.

[bigandy1966]

Im sorry for your loss.

[Mush]

An Attorney can help you establish an executor. My father's will had an executor that no longer existed (bank that closed). I was sworn in as executor (at the county courthouse). You will receive a "Short certificate" document as I recall the term, that proves to everyone you are the executor and able to deal with the assets.

[GunLawyer001]

Pretty much have the answer in the preceding posts.

Kids usually have no Wills, people with kids write them up. If there's no Will, the PA laws of intestacy lay out who has a good claim to be Administrator. Your father would be next of kin, siblings and grandparents come next, then 3rd degree relatives like aunts and uncles and great-grandparents.

The cops need a valid release from the owner or his estate. Only the legal representative of the estate can provide this. The cops will certainly need a short cert, and probably a death cert.

Starting an estate costs money. One rifle is probably not worth it. If he had other assets and/or debts, then an estate may be raised anyway.

I'd call attorney Jon Mirowitz for Philly gun issues, but again, one rifle may not be worth it.

[mtwtrf]

Im sorry for your loss.

Thanks. I hate the fact that we won't be able to shoot together. He always used to draw crazy, fantastic guns as a kid.

I got the gun back. Since it was not related to his death, but from a prior incident, the police remitted it to me with a letter from my father.

Going to French Creek when the weather gets just a *tad* nicer