Gun related estate planning question.

calebibcalebib Senior MemberPosts: 1,701 Senior Member
What sort of provisions does one need to make in their will to account for firearms? I don't own any NFA firearms or accessories and I don't have much interest in doing so, at the moment at least. I do have a decent collection that I want to ensure that in the event of my demise, my wife has the legal ability to take possession and dispose of them at her discretion, I do not have any other heirs. I don't believe that an NFA trust is the correct course of action. I'd also like to avoid having to give the government a detailed list of what I currently own, it's none of their damned business. I've read about revocable trusts but it seems to require doing just that. Can anyone give me their two cents or point me in the right direction?

Thanks.

Replies

  • knitepoetknitepoet Senior Member Posts: 17,565 Senior Member
    Can't give you any help, since the laws concerning estate planning vary by state.

    Here in Alabama, unless I specifically write a will to the contrary, everything of "mine" becomes "hers" after I die
    Seven Habits of Highly Effective Pirates, Rule #37: There is no “overkill”. There is only “open fire” and “I need to reload”.


  • ilove22silove22s Senior Member Posts: 1,053 Senior Member
    I'm looking into a trust and such since i do have some NFA toys.

    But imo and what i would do is to look for some legal advise in your neck of the woods that is familiar with such things. Im sure youre not the only person in town with the same issues or questions.

    If you have any local gun shows in your area, id ask around who and what they do if they are locals. you can also search your local attorneys for ones that can give you some advise on it. It may cost you some bucks up front, but imo, its $$ well spent.

    there are certain legal things that will happen upon your passing so that there are some things you cant avoid.

    Id make sure your loved one has a listing of the toys you have at the time and relevant info as to purchase price/date and such. Even notes if its a "one of a kind" toy so that if it sold, that info is known up front. also any history of that toy would be of help too.

    I'm selling off most of my toys now just to whittle down the list to a more manageable level. there will still be toys to deal with, but not as many.
    The ears never lie.

    - Don Burt
  • JKPJKP Senior Member Posts: 1,725 Senior Member
    Since you don't have any NFA items there is no need to address guns separately if they and all other property are going to the same person.

    If NFA items are included the specific model and serial number needs to be listed in the will.
  • Wambli SkaWambli Ska Moderator Posts: 26,710 Senior Member
    calebib wrote: »
    What sort of provisions does one need to make in their will to account for firearms? I don't own any NFA firearms or accessories and I don't have much interest in doing so, at the moment at least. I do have a decent collection that I want to ensure that in the event of my demise, my wife has the legal ability to take possession and dispose of them at her discretion, I do not have any other heirs. I don't believe that an NFA trust is the correct course of action. I'd also like to avoid having to give the government a detailed list of what I currently own, it's none of their damned business. I've read about revocable trusts but it seems to require doing just that. Can anyone give me their two cents or point me in the right direction?

    Thanks.

    I just re-did my will.

    NFA stuff is in a revocable trust with my wife and children as trustees so there is no transfer in ownership.

    NO guns are listed in my will. In most states any property specifically listed in the will goes into probate and it becomes a hassle specially if it ends up in court. As an example, If you list a gun in your will and then sell it, you now have to re-do your will because if you don't and you die your estate is now REQUIRED to find that gun and give it to your heir. See where this could be a problem? Also in NC the probate court takes a % of all assets so anything specific listed on the will there will be a charge for.

    Keep your will SIMPLE!!! In case of my death my will only says that all my property goes to my wife and some specific amounts and items to my children (stuff i KNOW I will never get rid of). In case we BOTH die then there is an equal division of all assets to my children as decided by the executor. I then have an addendum to my will that I do not need my lawyer to modify and will NOT go to probate court. I do it myself and add or take away items and who they are going to as needed these items come off the estate as "gifts" before anything is goes to probate. It is up to the heir to handle how they will receive, for example if it's a handgun the heir needs to do whatever THEY need to do to posses it since this is no longer my problem. I also make sure my wife if legally allowed to own ANYTHING I leave behind as far as firearms. In my state they are not registered. When we were in NY ALL my handguns were registered to BOTH of us so if one passed away it would not be an issue.

    They PRIMARY thing you need is a trustworthy executor and a copy of the will in a protected location, mine is held by my lawyer. And PLEASE use a lawyer. Most pf them have estate package deals that are pretty inexpensive unless you are Donal Trump, and it is the ONLY way to make sure everything is in line with your states laws, otherwise you will is not worth the paper it's written on.
    "Attack rapidly, ruthlessly, viciously, without rest, however tired and hungry you may be, the enemy will be more tired, more hungry. Keep punching." General George S. Patton
  • calebibcalebib Senior Member Posts: 1,701 Senior Member
    Thanks guys, I appreciate the advice.

    Sent from my SCH-I545 using Tapatalk
  • Six-GunSix-Gun Senior Member Posts: 6,876 Senior Member
    I never pondered any of this. I planned on being buried in a piano case and taking them all with me.
    Accuracy: because white space between bullet holes drives me insane.
  • Wambli SkaWambli Ska Moderator Posts: 26,710 Senior Member
    Six-Gun wrote: »
    I never pondered any of this. I planned on being buried in a piano case and taking them all with me.
    That was my original plan but heirs threatened to move the date closer to help me achieve it...
    "Attack rapidly, ruthlessly, viciously, without rest, however tired and hungry you may be, the enemy will be more tired, more hungry. Keep punching." General George S. Patton
  • cpjcpj Senior Member Posts: 37,992 Senior Member
    In Missouri, nothing is registered. I die, the wife gets them. Easy peasy.
    "I'm here for the guns, hunting, and skirt wearing men."
    Zee
  • toymachinetoymachine Senior Member Posts: 761 Senior Member
    I plan to be like that "secret agent" fellow, out in California. If the local PD wants to investigate the non-crime of how I acquired my firearms and ammo, it's their budget to squander on paperwork, I guess. I also have several business cards of local gun shops in my safe, so my next of kin have a starting place if they want to sell it off.
    "Is 'milk bottle' literally a racist term?"
    "It is now." - Jack Fraggs
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