Kind of a inheritance question

[twinbrook86]

My step fathers father died over the weekend. He had a bunch of firearms, rifles handguns and such. Not my stepfather but his brother, wants to take hold of the guns and get them out of his mothers place. The brother doesn't have his LTC. But plans on the process the week after Xmas.

What would be the best course of action ?
I am a legal ltc holder and mentioned I would take hold of them until the brother can. As of now he doesn't want to sell anything.

What I assume the brother will want to do is me to take hold of them and then transfer to the brother. How should this be done , with the basically 6 month wait for him to get his ltc

Thanks guys any info would be great

 

[Rob Boudrie]

The brother can maintain possession for up to 180 days *IF* he is named as the executor of the estate and not otherwise disqualified from firearms possession. Someone needs to take them as the beneficiary of the estate (the executor should file an FA10 for each). Once this is done, transfers between the inheritee and anyone else is subject to the standard limits - 4 per calendar year [corrected- still don';t knopw how I goofed originally] on an FA10; unlimited if a dealer is the intermediary).

A simple solution is to have the executor hold onto the guns, and them transfer to the brother once he has his LTC (assuming it is issued within the 180 day window).

 

[Mike-Mike]

I think there is a sticky on inheritance. You hold the guns. If there is a transfer it will be from the deceased to his brother once he is licensed or From the deceased to you (for time reasons you may need to do this if it takes him years to get licensed. Hopefully not).

My step fathers father died over the weekend. He had a bunch of firearms, rifles handguns and such. Not my stepfather but his brother, wants to take hold of the guns and get them out of his mothers place. The brother doesn't have his LTC. But plans on the process the week after Xmas.

What would be the best course of action ?
I am a legal ltc holder and mentioned I would take hold of them until the brother can. As of now he doesn't want to sell anything.

What I assume the brother will want to do is me to take hold of them and then transfer to the brother. How should this be done , with the basically 6 month wait for him to get his ltc

Thanks guys any info would be great

 

[Mike-Mike]

The brother can maintain possession for up to 180 days *IF* he is named as the executor of the estate and not otherwise disqualified from firearms possession. Someone needs to take them as the beneficiary of the estate (the executor should file an FA10 for each). Once this is done, transfers between the inheritee and anyone else is subject to the standard limits - 10 per calendar day on an FA10; unlimited if a dealer is the intermediary).

A simple solution is to have the executor hold onto the guns, and them transfer to the brother once he has his LTC (assuming it is issued within the 180 day window).

Rob,

Does the 180 start when the guy dies or when the guns are awarded?

 

[Len-2A Training]

The brother can maintain possession for up to 180 days *IF* he is named as the executor of the estate and not otherwise disqualified from firearms possession. Someone needs to take them as the beneficiary of the estate (the executor should file an FA10 for each). Once this is done, transfers between the inheritee and anyone else is subject to the standard limits - 10 per calendar day on an FA10; unlimited if a dealer is the intermediary).

A simple solution is to have the executor hold onto the guns, and them transfer to the brother once he has his LTC (assuming it is issued within the 180 day window).

Rob, did you fat-finger this reply?

Where did you get 10 transfers/day?

See below.

Rob,

Does the 180 start when the guy dies or when the guns are awarded?

The 180 days is irrelevant! The executor can hold them legally (even w/o a LTC) for as long as it takes to clear the estate . . . and in this case it includes the brother (if the person named by the deceased to inherit the guns) getting his LTC no matter how long that takes.

Any transfers to a person NOT named by the deceased (or per state law on inheritance of goods for the intestate) MUST go thru an FFL (with all the EOPS/AG Regs BS that goes with that).

To the OP: READ the Sticky thread on Inheritance, that is why it was posted and it is comprehensive in answering all these questions.

 

[Rob Boudrie]

Rob, did you fat-finger this reply?

Where did you get 10 transfers/day?

I have no idea how I did that - I never had that number in my head. Must be a byproduct of using the laptop at the kitchen table while a big dinner prep was going on. I thought there was a 180 day limit on the executor, however, Len knows of what he speaks on this subject.

The other point worth noting is that a transfer via bequest can be done interstate without use of an FFL.

Any transfers to a person NOT named by the deceased (or per state law on inheritance of goods for the intestate) MUST go thru an FFL (with all the EOPS/AG Regs BS that goes with that).

This raises "what is named?". If he will is "to my friends as determined by my spouse", does that qualify as "naming" them as heirs of the guns? What is clear is that guns sold simply to raise $$ for the estate are not bequested to the buyers, therefore, the dealer requirement comes into play.

And as a technical point, it is "MA licensed dealer", not "FFL". There are the rare FFLs in MA who do not do any face to face sales and thus do not have the MA dealer's license.

 

[twinbrook86]

So I've read the inheritance sticky. Needless to say still confused

Also the eFA10 form online.

Legally speaking me a ma ltc class a holder. Can take just mere possession, no transfer of the firearms. Just so they aren't with people that can legally have them yet.

Once the future owner of the guns has his class A ltc he can use the efa10 online and "register" the guns to him.
Does the 180 day limit get invovled on this. As it will prob take longer for him to get his ltc

 

[Len-2A Training]

twinbrook, try reading the 2nd half of post #5 above.

NO intermediate transfer is necessary . . . the executor is legally protected as an agent of the court as long as they keep the guns properly locked up and don't move them around.

180 days ONLY refers to the time an executor has to get licensed IFF they are keeping the guns as the heir. Settlement of an estate can take years and years and the clock doesn't run until the estate is settled. If you don't believe me you can pay Atty. Jason Guida for the same advice . . . that is who I got the information from (for my MA Gun Law Seminar) as it is an important piece of info that seemingly nobody else knows (the info on GOAL's website is wrong)! The guns can't be transferred to the person to inherit them until they are licensed, which can also contribute to the delay in settling an estate if need be.

People commonly think that when someone dies that the estate is settled in a month or two! Not until it happens to you do you get a good handle on how things really work. When my Father died (with a properly written will) the court took 9 months to accept the will and name me executor (as called out in the will). That's a lot longer than 180 days . . . and during that 270 days I was NOT supposed to pay the bills or touch anything in his house, etc. as I had no legal standing to do so. I recall my late Mother telling me that an Uncle (who had been married previously) held up the settlement of the estate of his ex-wife by 20 years . . . apparently she never re-wrote her will after they divorced! Real life isn't like TV, that is for sure!

 

[MA_Shooter]

If for some reason he elects to use a dealer to effect the (interstate) transfer, couldn't this be an issue if the gun isn't on the approved list? Or is that rule suspended in the case of an inheritance?

 

[Len-2A Training]

If for some reason he elects to use a dealer to effect the (interstate) transfer, couldn't this be an issue if the gun isn't on the approved list? Or is that rule suspended in the case of an inheritance?

Yes, in ALL cases a MA Dealer has to (legally) comply with the EOPS List and AG Regs, making most handgun inheritance transfers (via FFL) illegal for the FFL/MA Dealer.

Yet almost all PDs will advise an executor to turn them over to an FFL in order to transfer them to the named party in a will! Ignorance of the law can cost the estate dearly!