Inherit long guns in MA?

[v13]

I've read LenS' informative post regarding inheritance but I'm having a hard time determining what, if any, applies in my situation.

My grandfather, a life long MA resident, passed away 6 years ago this fall. He was an avid hunter and had, to the best of my knowledge, 4 long guns. I believe his entire estate was transferred to his wife in their will.

His wife, my grandmother is still going strong but not licensed at all. The guns have been in the safe in her house since his passing. I'm worried about their condition when I do open it up not to mention my grandmother being unlicensed and still having them in her home. She is still in denial that her husband is gone so talking to her about this is quite the ordeal. However, she has mentioned that my grandfather would probably have liked me to have his guns.

My question to the board is what needs to happen for me to lawfully take possession of these long guns? If nobody feels comfortable providing free legal advice, a referral to an attorney or someone more knowledgeable would also be appreciated.

Many thanks

 

[Len-2A Training]

Well she had 6 months to get her FID or LTC.

Given the time-delay I don't feel qualified in telling you how to proceed.

I'd suggest a lawyer, but only if she's in a mood to proceed. Right now she's in illegal possession of the guns, so she should move on it one way or another.

 

[KMaurer]

There's a lot of details unspecified that could move this situation in different directions. For example, there's no specific statement that anyone has opened the safe and determined that it actually contains 4 long guns, or even one. Did he have a valid will, or did he, like so many of the older generation die intestate? If there was a will, did it specify the disposition of the guns or were they simply lumped in with the estate? When did the probate of the estate close? It would be unusual but hardly unheard of for probate to take over 5 years. Who was the executor of the estate? If probate hasn't been finalized, then the arms could still be in the legal possession of the executor, even if this is your grandmother.

As someone who took two law school classes while in grad school and once played Judge Mel in a forgettable school production of Inherit the Wind, I'd suggest that you avoid further discussion of these sorts of details in a public forum, and consult a real attorney. I'm fairly certain there are dozens of different ways to completely sanitize this situation, and even more ways to turn it into a legal horror show.

Ken

 

[v13]

Ken,

Many of the details are missing because I simply don't have them. I was only 20 and away at college when he passed away so I wasn't around for much of the discussions involving the estate. Even if I did have the details my one undergrad course in business law isn't going to cut it. Another board member has provided me with a recommendation of an attorney to speak with. I think thats the best route.

Thanks,

There's a lot of details unspecified that could move this situation in different directions. For example, there's no specific statement that anyone has opened the safe and determined that it actually contains 4 long guns, or even one. Did he have a valid will, or did he, like so many of the older generation die intestate? If there was a will, did it specify the disposition of the guns or were they simply lumped in with the estate? When did the probate of the estate close? It would be unusual but hardly unheard of for probate to take over 5 years. Who was the executor of the estate? If probate hasn't been finalized, then the arms could still be in the legal possession of the executor, even if this is your grandmother.

As someone who took two law school classes while in grad school and once played Judge Mel in a forgettable school production of Inherit the Wind, I'd suggest that you avoid further discussion of these sorts of details in a public forum, and consult a real attorney. I'm fairly certain there are dozens of different ways to completely sanitize this situation, and even more ways to turn it into a legal horror show.

Ken