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Sale of firearm after death
#11
headcase;35260 Wrote:Thanks guys. I am well versed on the law, I have just never been involved with a private sale conducted through a FFL, and wanted to make sure. The child was unmarried, no dependents, so there won't be anyone down the road claiming theft. I was fairly sure this was the answer, but since I wasn't 100%, as most of you know, I would not say I was. I have confirmed all of this with another friend who is an active FFL, so I am sure now.

Thanks again.

Yep, you are GTG then.

Good that you can help out the family and just a reminder as to why no matter the age, insurance, even one of those small 5 or 10K policies is never a bad idea.
Some people need to read this book: http://www.amazon.com/dp/1936976021/ref=...jwbZH1GAZF

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#12
Markheck1;35165 Wrote:Legally, no worries, but there might be a problem with the estate, taxes, etc.....the gubment might think they are entitled to some money, LOL

Let me clarify that a little bit:
If they know about it, the gubment might WILL think they are entitled to some money,
There are three types of people in the world:
Those who make things happen,
Those who watch things happen,
And those who wonder what happened.
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#13
Quote:Specifically, can a parent, who is in need of cash for funeral related expenses, sell a handgun that belonged to their deceased son, in the regular manner of just going to a FFL and doing the transfer?
Is the parent the executor of the deceased's estate?

The handgun is the property of the estate, and only the executor can lawfully distribute the estate's assets.

Whether there was or was not a last will & testament naming an executor changes nothing in the preceding paragraph.

If no last will & testament, the surviving parent needs to be named as executor.
RetMSgt, proud to be a member of pa2a.org since Sep 2012.
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#14
RetMSgt;35362 Wrote:
Quote:Specifically, can a parent, who is in need of cash for funeral related expenses, sell a handgun that belonged to their deceased son, in the regular manner of just going to a FFL and doing the transfer?
Is the parent the executor of the deceased's estate?

The handgun is the property of the estate, and only the executor can lawfully distribute the estate's assets.

Whether there was or was not a last will & testament naming an executor changes nothing in the preceding paragraph.

If no last will & testament, the surviving parent needs to be named as executor.

I think there is a monetary limit on that. My brother passed away in February, and I had to take care of everything, including a few bank accounts. I went to the prothonotary to file the forms for executor, and they told me that because it was less than a certain amount, it wasn't necessary. I closed two of his bank accounts and had them pay most of it directly to the funeral home, but they gave me a check for the balance.
headcase, bitch-slapping gun myth perpetuators since 2006.
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#15
headcase;35649 Wrote:I think there is a monetary limit on that. My brother passed away in February, and I had to take care of everything, including a few bank accounts. I went to the prothonotary to file the forms for executor, and they told me that because it was less than a certain amount, it wasn't necessary. I closed two of his bank accounts and had them pay most of it directly to the funeral home, but they gave me a check for the balance.

At least you tried to do things legally, only to be advised certain formalities were not required.

It's when people just go off half-cocked, skipping the formalities altogether, that things get sticky.
RetMSgt, proud to be a member of pa2a.org since Sep 2012.
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