Sample Letter To Will Firearms To Children

[S&WMan]

I've looked on the internet and searched on NES with no luck.
I'm looking for a sample letter to add to my estate plan, willing my firearms to my children.
My wife and I had estate plans drawn up by a law firm. I asked the lawyer about firearms and he said "Oh for collections, you just write a side letter naming the beneficiary(s) you wish to inherit the collection and add the letter to your portfolio" Both of my children have a LTC also.

I assume it should be worded something like:

On this day July xx 2017

I Xxxx Xxxxxx upon my death bequeath my firearms, ammunition and accessories to my children:
Xxx Xxxxxx
and
Xxxxx Xxxxxx

Signed

________________


I assume it should be notarized.

 

[jtnf]

If you are going to be that generic, you may as well just include it in your Will.
Because interests change, and collections change, having somewhat more detail in the assignment letter is likely... if one kids interest changes (hunting or no, trap and skeet or no, bullseye or no, etc) and collections change, you can update this document without paying a lawyer or even a notary.
I would be inclined to add detail... this, that and the other pistol to child A, the remainder of the pistol to child B, these shotguns to child B and the balance to A, etc.
at the very least, some degree of specificity will allow your executor to transfer across state lines without interference of local politicians.

 

[MisterHappy]

My kids are all set. One will pick first, then the other, and so on. They told me this the other day.

At least they waited until I was not in the room.

Someone suggested that the second pick be a for two.

 

[strangenh]

Like jtnf suggests, do a full will instead. You can still keep that pretty simple, but things will go much better should that day ever come.

 

[eboos]

I've looked on the internet and searched on NES with no luck.
I'm looking for a sample letter to add to my estate plan, willing my firearms to my children.
My wife and I had estate plans drawn up by a law firm. I asked the lawyer about firearms and he said "Oh for collections, you just write a side letter naming the beneficiary(s) you wish to inherit the collection and add the letter to your portfolio" Both of my children have a LTC also.

I assume it should be worded something like:

On this day July xx 2017

I Xxxx Xxxxxx upon my death bequeath my firearms, ammunition and accessories to my children:
Xxx Xxxxxx
and
Xxxxx Xxxxxx

Signed

________________


I assume it should be notarized.

There are a couple of options. If your Will references a memorandum of personal property that you are devising, then you can add the firearms to the memorandum. You may also execute a codicil, which is an amendment to a will, that will add language devising the firearms.

I would not try to devise the firearms simply by a letter since it is not a present (inter vivos) gift, but intended to be a testamentary gift. For a testamentary gift, it would have to follow the same formalities of the execution of a will.

Do you have a revocable living trust? You may find that a RLT is a much better suited vehicle for transferring property, and it avoids probate.

 

[Cuz]

Doesn't it matter what State the OP lives in? Or the kids for that matter too?


Sent from my iPhone using Tapatalk

 

[eboos]

Doesn't it matter what State the OP lives in? Or the kids for that matter too?
Sent from my iPhone using Tapatalk

Only a little. Differences between the states are mostly that of will execution requirements. Provided it is signed in the presence of two witnesses and a notary, that should satisfy the requirements of any state.

Where the kids live would be a matter of how the physical transfer is made, not of the document that devises the property. The law of construction where the document was drafted governs. So - if you lived in Massachusetts and had a validly executed will in Massachusetts, your will will remain valid even if you move to Tennessee prior to your death (although it is a good practice to update your estate plan regularly to reflect changes that occur during your life).

 

[Knob Creek]

I placed all my property into a Trust. But my lawyer had me do a separate will to cover personal items. That is where I designated where my guns go.

 

[eboos]

I placed all my property into a Trust. But my lawyer had me do a separate will to cover personal items. That is where I designated where my guns go.

It is standard practice when a person creates a RLT to also have what is called a Pour Over Will. Because one of the features of a trust is that it avoids probate it also keeps the distributive provisions private. For any property that is not placed into the trust during your lifetime, the residuary provision in the Pour Over Will will distribute the remaining estate assets to the trustee of your RLT which will then be distributed according to the provisions of the trust (which again remain private). A Pour Over Will will also incorporate by reference the trust, and if the trust fails for some reason it will require a Personal Representative to make distributions in accordance with the provisions of the failed trust.