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-   -   what happens when class 3 arms holder dies (http://www.firearmstalk.com/forums/f47/what-happens-when-class-3-arms-holder-dies-20422/)

try2beholy 11-25-2009 02:28 AM

what happens when class 3 arms holder dies
 
and has not left will or trust? "they have the legal paperwork and tax stuff"

Yunus 11-25-2009 02:57 AM

If they talk to a lawyer in their area, they likely get the results they are hoping for.

If they get legal advice from an internet forum the results could range from legal firearm ownership to jail time. Although we charge less for our advice than real lawyers :D

But seriously, stop by the introduction section and introduce yourself. Then talk with a lawyer if your looking for legal advice or specify on here that your just curious what people's opinons of the law are. Before you act though, speak with a qualified attorney.

RCHanlin 11-28-2009 10:47 AM

Quote:

Originally Posted by Yunus (Post 190410)
If they talk to a lawyer in their area, they likely get the results they are hoping for.

If they get legal advice from an internet forum the results could range from legal firearm ownership to jail time. Although we charge less for our advice than real lawyers :D

But seriously, stop by the introduction section and introduce yourself. Then talk with a lawyer if your looking for legal advice or specify on here that your just curious what people's opinons of the law are. Before you act though, speak with a qualified attorney.

What he said... Double that:)

spittinfire 11-28-2009 12:08 PM

I agree with both responses but now that the question has been raised I'm curious about it myself...

Yunus 11-28-2009 03:58 PM

Checking the Form 4 out it states.

Quote:

If this registration document evidences the current registration of the firearm described on it, please note the following information.
Estate Procedures: For procedures regarding the transfer of firearms in an estate resulting from the death of the registrant identified in item 2a, the executor should contact the NFA Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405.
Quote:

k. Estates. If the firearm is being transferred from an estate, item 3a shall reflect: the executor’s name, title administratrix) of the estate of (name)) (executor (or executrix, administrator, , and the executor’s address. Item 3c shall reflect the address of the decedent and the date of death. (see the ATFInternet website at ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives for additional information about transfers from estates.)
But who knows what technicalities exist that prevent this from being this easy or other paperwork required. As far as who would have legal right to it, I think it would fall under the same rules as any other property, which varies state to state.

RCHanlin 11-28-2009 04:00 PM

One thing I can say (based on experience) is if the person who passes does not have a will or trust set up, all property will most likely go into probate. There would be a trustie appointed by the court to take charge of all the property. If there is family, they would have to hire attorneys and lay a claim to this property. It's really a big mess.

I had an employee of mine who passed away a little over a year ago (86 years old) and he did not have any will or trust that we could find, and trust me, we looked. Any family that he had was all out of state. Like I said, it was (and still is) a mess.

That may not be the case for this situation but it would not surprise me.

Cheers

Patrick Sperry 12-27-2009 11:41 PM

Get a Lawyer
 
My family has had to address this issue in the past,as we as a family have several C3 items. Get a lawyer,that's the best advice anyone here can give.

anm2_man 01-05-2010 09:51 PM

I'm not an attorney, but any possessions of the deceased, depending on the state, will go into probate. Which means the State manages the Estate. It can easily result in distribution of assets to pay estate taxes and loss of estate value.

This could be a bad deal. This is what happens in the great state of Arizona.

wildgeese 12-11-2012 02:43 AM

my niece is in my will .the class 3 dealer told me she has 30 days after my death to get paper work in.....but in reality anything this important go talk to the powers to be....only they will tell you the facts and not bs you...this applies to most things so many do not know jack in this world

robocop10mm 12-12-2012 02:02 PM

Really? 3 year old thread and the OP has not posted since this ONE, SINGLE POST? We're done


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