Deceased family member's firearms

[Oldgringo]

I have probated wills and unless it is in writing BEFORE death you are out. the surviving wife takes possession of all property from the marriage

I am not suggesting contesting the will. Just seeing if the attorney can get the guns released to an FFL so that the widow can make a legal transfer.

Was there a Will to contest?

[MolonLabe]

That's the hard part. No will. But there was a lawyer hired by SIL because of other legal issues with property matters.

[sjfcontrol]

I figured as much, it's just a shame. I hate that they are just sitting there. I wonder what the heck will happen to them.

The same thing that happened to the ark, in "Indiana Jones and the Raiders of the Lost Ark."

[Jim Beaux]

Actually, the police confiscated your brother's property for the mere reason that he died. I dont think that dog can hunt. Get a lawyer, the police took advantage of an emotional widow.

[Oldgringo]

Actually, the police confiscated your brother's property for the mere reason that he died. I dont think that dog can hunt. Get a lawyer, the police took advantage of an emotional widow.

Seven years is well, seven years. SIL has chosen to break all family ties; so, go for the guns. I'd be real surprised if they haven't been "disposed of" by now.

Good luck and God Bless.

[C-dub]

and apparently I really learn how to spell licenSe....oops

IMO, that's the hardest part.

I would suggest contacting the law firm who probated the will. Maybe they could help you get them transfered to a FFL and then to you.

This is the direction I was going to suggest. A lawyer and a sympathetic judge may be able to get them released to another family member, especially a brother, sister, mother, or father. After all, if they do still have them they are just taking up space.

[MolonLabe]

The emotional widow part is a no go, I already tried to bring that to the PD's attention, but in Mass. you are required to have a license to legally own a gun in your own home! So once he died, there was no longer a "legal" party able to claim them in his household. I am also fearing that if I decide to start barking up this tree again, the guns will magically disappear.

[Ameer]

See if Romney will make the police in Massachusetts return the property they seized when he was Governor.

[C-dub]

See if Romney will make the police in Massachusetts return the property they seized when he was Governor.

[MolonLabe]

Drafting letter immediately! I'll be sure to mention that none of the above confiscated items were "assault weapons" I bet it would help a bunch!

[barstoolguru]

I hate to be the bad guy here but the SIL is a survivor spouse and if there is no will delegating who gets what; she gets it all. The guns are HERS and she can do what she wants with them.

I had a friend and his brother died, his brother always said that he wanted him to have his M/C and he went and got it. The X-wife went and filed a lawsuit against him BECAUSE they had a daughter (his sole surviving kin) and she was entitled to ALL of his personal belongings BECAUSE there was no will.

You can spend your money on a lawyer and at $350-500 an hour; you would be able to just buy new ones

[barstoolguru]

I have probated wills and unless it is in writing BEFORE death you are out. the surviving wife takes possession of all property from the marriage

I am not suggesting contesting the will. Just seeing if the attorney can get the guns released to an FFL so that the widow can make a legal transfer.

Was there a Will to contest?

Here is how it works and if someone dies you should stay on top of it: my dad died and left us a house in jersey, me in Texas; I let the family handle it. After 7 years and 5 trips to NJ for court hearing we finally settled the will. The executor of the will has total control until it is settled, come to find out he moved into the house and keep signing my dad’s name to everything as if he never died (legal) and on top of that remortgaged the house (also legal). Being from a large family and everyone all over the country it was a costly battle all because we trusted him to do the right thing.

[JP171]

I hate to be the bad guy here but the SIL is a survivor spouse and if there is no will delegating who gets what; she gets it all. The guns are HERS and she can do what she wants with them.

I had a friend and his brother died, his brother always said that he wanted him to have his M/C and he went and got it. The X-wife went and filed a lawsuit against him BECAUSE they had a daughter (his sole surviving kin) and she was entitled to ALL of his personal belongings BECAUSE there was no will.

You can spend your money on a lawyer and at $350-500 an hour; you would be able to just buy new ones

again you show, why do you always act as the naysayer? I realize that this may seem personal and I'll take the hit, but man O' man. Enough is Enough. OP get a lawyer, have a request for release to an FFL and have them sent to an FFL here if they still even have them. Under Texas Law the spouse is entitled to all un-encumbered property not the children.

[barstoolguru]

I hate to be the bad guy here but the SIL is a survivor spouse and if there is no will delegating who gets what; she gets it all. The guns are HERS and she can do what she wants with them.

I had a friend and his brother died, his brother always said that he wanted him to have his M/C and he went and got it. The X-wife went and filed a lawsuit against him BECAUSE they had a daughter (his sole surviving kin) and she was entitled to ALL of his personal belongings BECAUSE there was no will.

You can spend your money on a lawyer and at $350-500 an hour; you would be able to just buy new ones

again you show, why do you always act as the naysayer? I realize that this may seem personal and I'll take the hit, but man O' man. Enough is Enough. OP get a lawyer, have a request for release to an FFL and have them sent to an FFL here if they still even have them. Under Texas Law the spouse is entitled to all un-encumbered property not the children.

someone should have told that to "Anna Nicole Smith" when her husband died and the kIDS filed a lawsut for the estate AND WON most of it (he had a will leaving it all to her)

[jimlongley]

The emotional widow part is a no go, I already tried to bring that to the PD's attention, but in Mass. you are required to have a license to legally own a gun in your own home! So once he died, there was no longer a "legal" party able to claim them in his household. I am also fearing that if I decide to start barking up this tree again, the guns will magically disappear.

Exactly.

The "legal" owner of the guns (in MA) having died, the guns are automatically "taken into safekeeping" and (in MA) are kept there until claimed unless the police get an order to destroy. Or at least that's the way it was 20 years ago.

Almost as bad, and in many ways worse, in NY the "estate" or executor can possess a handgun for three weeks, at which time it must be either legally disposed of (sold, transferred, etc) or turned over to the State Police. The State Police keep such guns for TWO years and then they are destroyed. Lots of little "gotchas" in there. The executor cannot "transfer" them out of state, although they can be sold to a dealer (actually, considering NY's laws, it is impossible to transfer them in any case) In my case, my great grandfather's engraved presentation Mauser pistol, which his cavalry troop gave him when he retired, and which was left to me by my great uncle who I was named for but never knew (he died when I was an infant) was in my father's possession when he died and actually became part of his estate, and was probably destroyed, although there seems to be no record of its disposition beyond the NY State Police taking possession of it after the three weeks. I, being the black sheep of the family (the only one never to finish college, the only one who paid back ALL his parental loans, and other stuff equally trite) was never notified of my father's death and only found out about it after the State Police took possession of his handguns (and mine) and was never able to get them to give me back what was mine.