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Re: Deceased family member's firearms
Posted: Tue Oct 16, 2012 11:17 pm
by MolonLabe
Oh no guys! I think it's just all confusing because of the weird facts involved. I was just trying to see if anyone had any experience in a matter like this, or legal advice, or something of use to help with dealing with ridiculous Mass. cops and laws. Yes, by law I believe spouses are left everything if an estate goes uncontested or a has a will in place that says otherwise. But my sister in law verbally said I could have guns(although she would provide none of the help that would have made this an easy situation.) But even if she did, the police would not have given her the guns to then sell or give to me unless she had a gun permit. She has never pursued retrieving them, which I am hoping will leave me some legal recourse of claiming my brother's unclaimed property.
Re: Deceased family member's firearms
Posted: Tue Oct 16, 2012 11:25 pm
by MolonLabe
I'm sorry Jim Longley, it's a horrible shame that those loons can do shady stuff like that. Fought all of that ridiculous stuff up those parts for as long as we could and finally threw our hands up and hightailed it to Texas.
Re: Deceased family member's firearms
Posted: Wed Oct 17, 2012 12:15 am
by Jim Beaux
barstoolguru wrote: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
Re-read the OP's post and note that the widow was willing to give the weapons to the in-laws.
Re: Deceased family member's firearms
Posted: Wed Oct 17, 2012 12:53 am
by barstoolguru
Jim Beaux wrote:barstoolguru wrote: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
Re-read the OP's post and note that the widow was willing to give the weapons to the in-laws.
does he have a legal right to the guns and the answer would be NO until she gives him written permission and maybe not even then. She might have physically get them herself and then pass them along because she was the one that surrendered them in the first place.
Edit: it has been 7 years and in criminal trial evidence has to be held but this is not the case so what he needs look at is what the laws on abandonment are. Not being claimed in a timed manor might make them states property by default
Re: Deceased family member's firearms
Posted: Wed Oct 17, 2012 1:31 am
by Jim Beaux
barstoolguru wrote:Jim Beaux wrote:barstoolguru wrote: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
Re-read the OP's post and note that the widow was willing to give the weapons to the in-laws.
does he have a legal right to the guns and the answer would be NO until she gives him written permission and maybe not even then. She might have physically get them herself and then pass them along because she was the one that surrendered them in the first place.
I was merely trying to help you stay within the white lines. Have a good one.
Re: Deceased family member's firearms
Posted: Wed Oct 17, 2012 8:38 am
by MolonLabe
Very much appreciate all above suggestions, been doing all sorts of research but haven't been able to find a clear cut direction. Thank you.