Father in law died - Has a few guns

[Fixxah]

Ghost guns.

 

[swatgig]

Is the estate going through probate? If so is MIL the personal representative?

 

[babygorilla]

Your FIL let your wife borrow those before his passing RIGHT?!?!?

 

[EJFudd]

I still don't see why the (assumed unlicensed) widow/mother can't just hand over the deceased father's guns to their licensed daughter for 'temporary' safe keeping. When the widow/mother eventually passes (hopefully not soon!), the licensed daughter will inherit them anyway. What am I missing here?

 

[surfcc]

My father in law died not that long ago. He Lives in MA and has a LTC. My Mother in law now has 2 pistols of his that she would like to give to my wife (my wife has a LTC). What is the correct way to log these on the MA portal? Should i process them as an "inheritance" (they were not specifically listed in the will) or just a normal "sale or Transfer".

I want to do things 100% on the up and up and legal.

Note my father in law has had these pistols from the 60 -70s and i am not even sure he registered them - not sure if thats an added problem.

Back when those guns were bought by your father in law, they were not registered. I'm not sure why anyone would want to do so now. Especially given the current political (D)orks in office here in MA.

 

[Deleted member 67409]

Is the estate going through probate? If so is MIL the personal representative?

Yeah, that's what I was thinking. Sounds like a joint tenancy + reciprocal will situation where once the FIL died, everything automatically went to the wife. OP didn't mention probate. If there is probate, not a great idea to be transferring personal property around willy-nilly.

 

[JoseyWales]

If there is probate, not a great idea to be transferring personal property around willy-nilly

What about the spare change found underneath the sofa cushions, or the pieces of 4x8 plywood in the garage, or the washer and dryer set in the basement? All have to be involved when settling the estate? No. So, just take the guns home. If Pocahontas can run for president you just say that you inherited them or was gifted from YOUR pop.

But if the lawyers already know about them ..... that's why you keep quiet some times.

 

[Deleted member 67409]

What about the spare change found underneath the sofa cushions, or the pieces of 4x8 plywood in the garage, or the washer and dryer set in the basement? All have to be involved when settling the estate? No. So, just take the guns home. If Pocahontas can run for president you just say that you inherited them or was gifted from YOUR pop.

If you're comfortable with theft from an estate, then steal to your heart's content. A few guns can have a value of a few thousand dollars. You're blindly ignorant if you can't tell the difference between say $2000-5000 of guns versus a few dollars of change.

I find your stance morally repugnant.

 

[Asaltweapon]

If you're comfortable with theft from an estate, then steal to your heart's content. A few guns can have a value of a few thousand dollars. You're blindly ignorant if you can't tell the difference between say $2000-5000 of guns versus a few dollars of change.

I find your stance morally repugnant.

What am I missing???
MIL wants the guns to go to her daughter the OP’s wife. Where is the theft of property from the estate?
The issue is the transfer/registration of guns and if they should or should not be done.
Personally I’d have them out of this shitty state knowing (assumes) they are not stolen.

 

[Deleted member 67409]

What am I missing???
MIL wants the guns to go to her daughter the OP’s wife. Where is the theft of property from the estate?
The issue is the transfer/registration of guns and if they should or should not be done.
Personally I’d have them out of this shitty state knowing (assumes) they are not stolen.

We don't know if the guns are in an estate or if the mother-in-law owns the guns outright. If the guns are in an estate, then the guns should go through probate to the wife. If the guns aren't in an estate and the mother-in-law owns them, then she owns them and can dispose of them under Mass law.

What I'm simply pointing out is that if the guns are in an estate, then the guns should properly go through probate. Not simply "taken home." Because executors/personal representatives have a fiduciary duty to properly manage the estate.

 

[one-eyed Jack]

This is just typical of the 50,000 or so "What guns" that are out there. Jack.

 

[Asaltweapon]

We don't know if the guns are in an estate or if the mother-in-law owns the guns outright. If the guns are in an estate, then the guns should go through probate to the wife. If the guns aren't in an estate and the mother-in-law owns them, then she owns them and can dispose of them under Mass law.

What I'm simply pointing out is that if the guns are in an estate, then the guns should properly go through probate. Not simply "taken home." Because executors/personal representatives have a fiduciary duty to properly manage the estate.

Please correct me if I'm wrong but I was always under the impression that there are two married people, in this case husband and wife. If one spouse passes on then the property belongs to the surviving spouse. No?
IANAL but we do have a will and we have no children.

 

[Class3NH]

If the MIL has a LTC it is as easy as you say. However, the OP made it sound like she doesn't and that is why it gets to be an issue only a FFL can solve legally in MA.

^^ Ahhh.... I mis-read the OP's post.... After re-reading it, YOU"RE RIGHT!...Thanks for the heads up !...

 

[Mountain]

We don't know if the guns are in an estate or if the mother-in-law owns the guns outright. If the guns are in an estate, then the guns should go through probate to the wife. If the guns aren't in an estate and the mother-in-law owns them, then she owns them and can dispose of them under Mass law.

What I'm simply pointing out is that if the guns are in an estate, then the guns should properly go through probate. Not simply "taken home." Because executors/personal representatives have a fiduciary duty to properly manage the estate.

This is an important point that a lot of folks are missing. Take 'guns' out of the equation and simply consider the disposition of property. If there is indeed an estate to be equitably split amongst heirs, property (guns too) goes through probate. Taking anything from the estate is a no-no. Assuming the MIL doesn't already 'own' the guns: If the MIL is the sole heir or MIL and wife are the only heirs, I don't see a problem. If there are other family members involved with the estate- don't tempt fate and first have the legal right to possess the property, then take care of the transfer with an FFL- assuming the MIL does not have a LTC.

 

[MagGus1820]

This is an important point that a lot of folks are missing. Take 'guns' out of the equation and simply consider the disposition of property. If there is indeed an estate to be equitably split amongst heirs, property (guns too) goes through probate. Taking anything from the estate is a no-no. Assuming the MIL doesn't already 'own' the guns: If the MIL is the sole heir or MIL and wife are the only heirs, I don't see a problem. If there are other family members involved with the estate- don't tempt fate and first have the legal right to possess the property, then take care of the transfer with an FFL- assuming the MIL does not have a LTC.

Exactly why the average person hates lawyers, just as bad as the gov when it comes to getting into simple family business.

Those guns deserve to remain renegades.

 

[free]

Family business is never simple.

 

[one-eyed Jack]

Family business is never simple.

It's simple if you put your affairs in order before you kick the bucket. And not hard to do. Jack.

 

[Mountain]

Exactly why the average person hates lawyers, just as bad as the gov when it comes to getting into simple family business.

Those guns deserve to remain renegades.

Consider this scenario:

Your grandfather recently passed. He has some pretty awesome vintage firearms- Python, pre 64 Winchesters, WWII 1911, a bring-back Luger, etc. He had taken you shooting many times and wanted you to have a gun or two once he's gone. However, before the estate is settled one of your aunts grabs the guns to give to her husband because he knows they are worth some dough. He doesn't really care about shooting or sentimental value- he just smells easy money.

Would you be pissed that the guns / property didn't go through the process to ensure that the property was equitably divided? Yeah, you would be. This sh!t happens all the time, thus the process. Not everyone needs this- when my Dad passed my Mom asked my brother and I to divide up tools, guns, etc. that she didn't want. When Gramps passed one of my cousins held a pistol for me to pick up. I'm guessing your situation would be more like mine but unfortunately many families don't work like that.

OP may not have a probate situation to contend with, but if he does it will be necessary to follow the process.

 

[one-eyed Jack]

Many years ago, a young friend of the family got killed in a motorcycle mishap. The family just buried his shotgun with him. Not saying where. Jack.

 

[MagGus1820]

Consider this scenario:

Your grandfather recently passed. He has some pretty awesome vintage firearms- Python, pre 64 Winchesters, WWII 1911, a bring-back Luger, etc. He had taken you shooting many times and wanted you to have a gun or two once he's gone. However, before the estate is settled one of your aunts grabs the guns to give to her husband because he knows they are worth some dough. He doesn't really care about shooting or sentimental value- he just smells easy money.

Would you be pissed that the guns / property didn't go through the process to ensure that the property was equitably divided? Yeah, you would be. This sh!t happens all the time, thus the process. Not everyone needs this- when my Dad passed my Mom asked my brother and I to divide up tools, guns, etc. that she didn't want. When Gramps passed one of my cousins held a pistol for me to pick up. I'm guessing your situation would be more like mine but unfortunately many families don't work like that.

OP may not have a probate situation to contend with, but if he does it will be necessary to follow the process.

No need for lawyer erotica, none of that is happening here, the OP is dealing with his mother. I understand why most think lawyers have no soul, it's like talking to a cyborg.

 

[Mountain]

No need for lawyer erotica, none of that is happening here, the OP is dealing with his mother. I understand why most think lawyers have no soul, it's like talking to a cyborg.

MIL not mother, and IANAL. But whatever...