Transferring gun via last will and testament

cbr600 · #16

State laws may vary but Federal Law says:

this paragraph (A) shall not preclude
any person who lawfully acquires a
firearm by bequest or intestate succession
in a State other than his State of
residence from transporting the firearm
into or receiving it in that State, if it is
lawful for such person to purchase or
possess such firearm in that State

In any case, I think it's a good idea to have a lawyer review a will, even if you don't want to spend beaucoup bucks to have them write it.

#17

I just went through revising our will. Our lawyer stated if there was anything we wanted to give specifically to a family member (jewelry, etc.) to list it out on a separate piece of paper, who it is to go to, sign and date it. He didn't state to do it, but I think I would have it notarized also. That would make it less questionable if there was anyone who contested the will.

Unless your estate is over the $2M mark, there shouldn't be any issue as to itemizing except for those specific items.

L8RG8R · #18

Thank for all the replies everyone.

Yes, we are WAY under the 2M mark.

Talking a lawyer about this may be good idea. I don't think you can ever be fully prepared for such situations, you can only do the best you can. I know that all any of us want is to make it as easy as possible for the survivors. We have two daughters, one is almost 3 years and the other 7 weeks. Never in my life have I thought more about preparing a will. Morbid? Yes, but it's a must...for their sake. I really want to leave my guns to my oldest daughter, but as was said earlier, I don't know what she'll think about firearms in the future. So, I thought I'd leave them to my dad. He can pass them down if they have an interest.

BTW, there ain't NO WAY I'm transferring them now. That opens me up to a BG attack.

...from my cold dead hands

seamusTX · #19

L8RG8R wrote:We have two daughters, one is almost 3 years and the other 7 weeks. Never in my life have I thought more about preparing a will. Morbid? Yes, but it's a must...for their sake.

Preparing a will is not morbid. It's as much a necessity as insurance, smoke detectors, and child seats.

Many people, including me, have close relatives who are irresponsible (to put it kindly). It's important to make sure your kids are cared for by a responsible party who can raise them properly, if the worst happens.

- Jim

#20

I think the most important thing is making sure the assets are not tied up in probate. With a will, it makes sure everything is spelled out and there are no questions.

A testamentary trust is the best method for making sure the assets are allocated to the kids if something should happen to both of you.

#21

I think the most important thing is making sure the assets are not tied up in probate. With a will, it makes sure everything is spelled out and there are no questions.

A testamentary trust is the best method for making sure the assets are allocated to the kids if something should happen to both of you.

KBCraig · #22

cbr600 wrote:
KBCraig wrote:This is seldom prosecuted. People sell and give long guns all the time across state lines. When they do so, they're breaking GCA'68.
Which, ironically enough, is one of those rare Federal laws that actually regulate interstate commerce.

Word.

winkydo · #23

this brings up a good question. i received my dad's firearms, 3 of which are handguns. a 38sp, .22lr semi auto, .22lr revolver...

my dad lived in texas and i live in texas, do i need to go through a process to transfer the gun ownership to my name? how do i go about doing this?

KBCraig · #24

winkydo wrote:my dad lived in texas and i live in texas, do i need to go through a process to transfer the gun ownership to my name? how do i go about doing this?

Take them home. They're yours. That's it.

There's no "title" or "in your name" when it comes to guns. They're exactly the same as if he left you a coin collection.