Quote:
|
Originally Posted by langenc
Take some pictures of guns/holsters etc, get printed. On the back write S/N and other pertinent data along w/ suggested value..
Give set to someone trusted and encourage them to sell for you. Make sure wife/child (in a few yrs) understand the position.
|
I previously posted a response to the above, saying it's illegal. One of the other moderators removed my post (thankfully), because it was only partially correct. As usual, the problem is that we live in a constitutional republic. We have fifty states, and each state has its own laws. So, to avoid generalizing, I will go on record as saying that what langenc suggests would be illegal in
my state -- unless the friend happens to be named as the executor in my will.
In another thread, someone mentioned that a will must be filed with some [unnamed] state agency in order to be legal and binding. That is not the case here but, once someone passes away, before
anything can be done with his or her assets, the will (if there is one) must be submitted to and approved by the probate court having jurisdiction, AND the executor must be approved by the probate court having jurisdiction (whether there is a will or if the person dies intestate).
I have two friends who have acted as executors of their respective father's estates (one is still being closed out), in two other states, and in both cases they also had to be approved by the probate court before they could take any action with respect to the decedant's assets.
So, once again -- there is no one-size-fits-all answer, and there is no substitute for looking up the laws of the state/jurisdiction in which you live.
Quote:
|
Originally Posted by lanenc
Check w/ your state rifle/pistol or other gun assn for laws at that time regarding sales/gifts of said guns. Might ask lawyer about mentioning in will(s).
|
Once the person dies, "gifts" is out of the question. An executor of an estate has a fiduciary duty under the law to close out the estate responsibly, and I'm pretty certain that means preserving the value of the estate for the benefit of the heirs. Giving away anything that has monetary value would not be preserving the value of the estate. If you have specific firearms that you want to go to certain people, either give the guns to them while you're still alive, or make out a will and list those guns and the recipients as specific bequests.