Quote:
|
Originally Posted by Spats McGee
Hire a lawyer knowledgeable in both probate and firearms law. I'm not an IL lawyer, I'm not a probate lawyer, but I do understand the broad outlines. As I understand it, and I freely admit to being wide open to correction by anyone that knows better, at the moment of death, whatever estate plans established by the decedent kick in. That means that the firearm may be owned by the estate, the spouse, a pour-over trust, or some other legal fiction. Unless and until you know what kind of paperwork the decedent had in place, you don't know who owns the gun. I can't give legal advice, but I will say that I would document, document, document. I'd send the widow a letter with appropriate condolences and let her know of the existence of the firearm. If and when she contacts you, I'd ask about the family lawyer and estate plans, etc.
|
Just clarification re the bolded.
The decedent's arrangements will become irrevocable at death, meaning he can't change them, and all the entities listed above may be beneficial owners of his property, but the legal owner will be the estate, or if he had a pour over trust, the successor trustee.
If grandson shows up and says "Grand dad said that was to go to me", he might be telling the truth, but if it went to him because Grand dad had a will giving it to him, the estate owns it. Grandson will get it when the court appointed executor takes control of the item and distributes it to grandson.
Most of you would be shocked at the deception and animosity that can surface within a family at a parent's death, even when nothing of real value is at stake. As a third party, waiting for a court order may keep you from being drawn into the squabble.