Need advice! Family member passed away n Police has handgun in custody-retrieveable?

[fst100]

Over the weekend close family member passed away.
At the scene of accident, my family member was carrying a handgun with ccw permit. Local pd confiscated it along with rest of his belongings for logging and tagging.
The local pd has their belongings ready to be picked up but says the handgun cannot be retrieved, is this correct!?

[Ret-Fed]

Ask the PD why it can't be picked up (assuming it was not used in a crime), and tell them to cite the law that allows them to keep it in their possession.

[fst100]

Not used in a crime from what I'm aware it was found in the car accident

[Ret-Fed]

Then if they refuse to surrender it to the victim's "estate", next of kin, etc., then a lawyer may be your best bet.

[fst100]

Victim didnt have an estate (stayed with sibling) and was single no kids.

[Ret-Fed]

At this point, the deceased's assets are considered to be his "estate", and an administrator will be named to properly dispose/transfer of those assets. Possibly the PD wants to communicate with the administrator ? ? ?

[tourrider]

Victim didn't have an estate (stayed with sibling) and was single no kids.

My condolences to the family.

IANAL, but from my previous experience as executor of 3 different family members...

Did he leave a will? If no, then the estate(all his personal property) is in probate. If parents are alive, the probate estate goes to them, else the siblings inherit. If there is only one sibling, then the court will assign all assets to that sibling. The gun will then be transferred to that person. If there is more than on sibling, property may need to be sold to settle. At the moment, the PD cannot just hand the gun to the sibling.