what to do about brother in law? - Page 3

MrChick · February 9, 2024, 09:59 AM

Quote:

Originally Posted by rem870hunter

Wow..been awhile since i've been on here. Sadly my father passed away on Jan 18th 2024

I’m sorry for your loss. I pray your BIL has grown up a little and things go smoothly.

**Spats McGee** · February 9, 2024, 11:33 AM

Quote:

Originally Posted by rem870hunter

Wow..been awhile since i've been on here. Sadly my father passed away on Jan 18th 2024

I am very sorry for your loss.

rem870hunter · February 10, 2024, 08:06 AM

Armoredman....The trustee is Mom..who's still living..thank God. years ago a few things were given. Mom is left everything of his. However the Codicils (first was done in 1998..i was 24 or 25 then) are specific that i get ALL.

Radom very sorry...

rem870hunter · February 10, 2024, 08:10 AM

DaleA some but no proof though..it could be he's pressuring sister though

rem870hunter · February 10, 2024, 08:12 AM

MrChick thank you.. however what i've seen and heard he hasn't

Spats McGee thank you

cdoc42 · February 11, 2024, 12:37 PM

rem870hunter, I see no mention of estate inheritance tax on this thread, and I have no knowledge or experience in the matter, just a question that was created while reading this thread. If the guns are in your father's will, how is the value calculated and included as part of the estate's total value? Will the recipient of any part of the estate be responsible for paying the tax?

As I understand it, one way around this is to have the guns gifted to the desired recipient. I read that the current gift limit per year per person is $15,000. If your father's guns are worth $15,000 or less, he can gift them to you and neither party pays a tax. You can either take possession and safeguard them, or leave them with your father if you make them inaccessible to anyone but yourself, including your father. They would belong to you. You have the only key to any locks as well as the right to choose who you want to allow use of any gun. If you leave them with your father (so he doesn't feel he has "lost" them), I would suggest you obtain an insurance policy that specifically covers the loss in case of fire or theft. Your father might have homeowner's insurance but it generally, if at all, only covers an amount that won't match the total value of the guns, and a deductible that renders at least one of them uncovered.

Greybeard Classic · February 12, 2024, 12:24 AM

My parents were once avid hunters and had a closet full of firearms, and over the years a few had been sold off to cover bills. Originally they had said that when they pass, I was to get the guns. Now enter my hair-triggered, explosive tempered sister, out of the air force several years and now divorced, who my parents were always afraid to say no to, says she wants mom's guns, even though she can't shoot long guns due to a bad neck and back, AND HAS NEVER HUNTED, by choice. I contested, and now mommy and daddy, to make nice with her, said that we had to agree with each other who can get what after they are gone. It's not going to be pretty as she already wants the house, etc. I am not looking forward to that day...

**Aguila Blanca** · February 12, 2024, 03:14 AM

Greybeard, your parents should make their own decisions about who will get what, independent of you and your sister. They should then each make up wills, setting forth exactly what goes to which offspring, give copies of their wills to the family lawyer, and be done with it.

rem870hunter · February 12, 2024, 12:23 PM

Quote:

Originally Posted by cdoc42

rem870hunter, I see no mention of estate inheritance tax on this thread, and I have no knowledge or experience in the matter, just a question that was created while reading this thread. If the guns are in your father's will, how is the value calculated and included as part of the estate's total value? Will the recipient of any part of the estate be responsible for paying the tax?

As I understand it, one way around this is to have the guns gifted to the desired recipient. I read that the current gift limit per year per person is $15,000. If your father's guns are worth $15,000 or less, he can gift them to you and neither party pays a tax. You can either take possession and safeguard them, or leave them with your father if you make them inaccessible to anyone but yourself, including your father. They would belong to you. You have the only key to any locks as well as the right to choose who you want to allow use of any gun. If you leave them with your father (so he doesn't feel he has "lost" them), I would suggest you obtain an insurance policy that specifically covers the loss in case of fire or theft. Your father might have homeowner's insurance but it generally, if at all, only covers an amount that won't match the total value of the guns, and a deductible that renders at least one of them uncovered.

cdoc42 the Codicils of the Will states that the Firearms are separate from anything. No mention of a Tax. NJ Firearms laws state they can be passed to me through a Will and that i'm exempt from paying any fees to do so. In the 3rd Codicil the BIL is listed as getting 1 of the pistols.
(It's not the Springfield 1911 in 45 acp that he asked for in 2002)..as long as 1 he's still married to my sister and 2 he can legally possess firearms.

Skans · February 14, 2024, 11:28 AM

Here are my thoughts.
1. First, before your dad dies, make sure that YOU are somehow the only one to gain access to the guns. You need to be worried about this both prior to his dying and just after his death. Take the guns and secure them.
2. Second, I wouldn't have any discussions with the Thug about your father's guns. Something's wrong with a guy who threatens his brother-in-law with physical harm to get a gun that is Willed to you.
3. Third, it sounds like you are in a restrictive handgun state. Make sure you have a plan for the guns transfer correctly to you - consult an FFL in your state.
4. It really would be best for your father to transfer the guns to you while you are living, especially when he no longer has any use for them.
5. If the Brother-in-law threatens you over a gun that is lawfully yours which he is not allowed to own, report it to the police.

vito · February 15, 2024, 03:59 PM

I'm late to this thread but wanted to add some advice, if you are open to such. Wills are great, and having an understanding with whoever is named as the Executor of the will is a very good idea, but think about what might actually happen when your dad dies. I've known of families where within seconds of the person stopping breathing, some relative rushes into their home and takes what they believe, or want to believe is intended for them.

From the comments you made about this brother-in-law, I would not be surprised if he is the type of person to just take what he wants regardless of the will, and might not even wait until your Dad has died. And once he has the gun or guns, to some degree the law will be on his side and you will have to sue to get them back. That kind of lawsuit can be costly, take forever, and with no guarantee that you would win. He could well tell some judge that yes, he was named in the will, but that orally, just before his death, he told your BIL that the gun is for him. He might be lying through his teeth but there is no guarantee that you would win in court.

Your Dad is only 60, pretty young from my point of view. He well could be around for another 25 or 30 years. But if he starts to be failing, that would be the best time to approach him and offer to take the guns for "safekeeping" or whatever words you want to use.

rem870hunter · February 20, 2024, 02:19 PM

Skans...my father passed away on Jan 18

rem870hunter · February 20, 2024, 02:23 PM

Vito he would go around the will.

They were seized in early December. Father had Daughter (my sister) get a lawyer. He supposedly told her to get them back whether i die or not. As far as i know the pd still has them

February 10, 2024, 08:06 AM	#53
rem870hunter Senior Member Join Date: October 12, 2007 Location: N.J. and trying to decide what state to move to. Posts: 973	Armoredman....The trustee is Mom..who's still living..thank God. years ago a few things were given. Mom is left everything of his. However the Codicils (first was done in 1998..i was 24 or 25 then) are specific that i get ALL. Radom very sorry... __________________ BEAR Bows,Remington shotguns,Marlin rifles Last edited by rem870hunter; February 10, 2024 at 08:09 AM. Reason: Typo

February 10, 2024, 08:10 AM	#54
rem870hunter Senior Member Join Date: October 12, 2007 Location: N.J. and trying to decide what state to move to. Posts: 973	DaleA some but no proof though..it could be he's pressuring sister though __________________ BEAR Bows,Remington shotguns,Marlin rifles

February 10, 2024, 08:12 AM	#55
rem870hunter Senior Member Join Date: October 12, 2007 Location: N.J. and trying to decide what state to move to. Posts: 973	MrChick thank you.. however what i've seen and heard he hasn't Spats McGee thank you __________________ BEAR Bows,Remington shotguns,Marlin rifles

February 12, 2024, 03:14 AM	#58
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,477	Greybeard, your parents should make their own decisions about who will get what, independent of you and your sister. They should then each make up wills, setting forth exactly what goes to which offspring, give copies of their wills to the family lawyer, and be done with it. __________________ NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic

February 15, 2024, 03:59 PM	#61
vito Senior Member Join Date: June 20, 2004 Location: IL Posts: 853	I'm late to this thread but wanted to add some advice, if you are open to such. Wills are great, and having an understanding with whoever is named as the Executor of the will is a very good idea, but think about what might actually happen when your dad dies. I've known of families where within seconds of the person stopping breathing, some relative rushes into their home and takes what they believe, or want to believe is intended for them. From the comments you made about this brother-in-law, I would not be surprised if he is the type of person to just take what he wants regardless of the will, and might not even wait until your Dad has died. And once he has the gun or guns, to some degree the law will be on his side and you will have to sue to get them back. That kind of lawsuit can be costly, take forever, and with no guarantee that you would win. He could well tell some judge that yes, he was named in the will, but that orally, just before his death, he told your BIL that the gun is for him. He might be lying through his teeth but there is no guarantee that you would win in court. Your Dad is only 60, pretty young from my point of view. He well could be around for another 25 or 30 years. But if he starts to be failing, that would be the best time to approach him and offer to take the guns for "safekeeping" or whatever words you want to use. __________________ People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.” ― George Orwell

February 11, 2024, 12:37 PM	#56
cdoc42 Senior Member Join Date: March 13, 2005 Location: Pennsylvania Posts: 1,687	rem870hunter, I see no mention of estate inheritance tax on this thread, and I have no knowledge or experience in the matter, just a question that was created while reading this thread. If the guns are in your father's will, how is the value calculated and included as part of the estate's total value? Will the recipient of any part of the estate be responsible for paying the tax? As I understand it, one way around this is to have the guns gifted to the desired recipient. I read that the current gift limit per year per person is $15,000. If your father's guns are worth $15,000 or less, he can gift them to you and neither party pays a tax. You can either take possession and safeguard them, or leave them with your father if you make them inaccessible to anyone but yourself, including your father. They would belong to you. You have the only key to any locks as well as the right to choose who you want to allow use of any gun. If you leave them with your father (so he doesn't feel he has "lost" them), I would suggest you obtain an insurance policy that specifically covers the loss in case of fire or theft. Your father might have homeowner's insurance but it generally, if at all, only covers an amount that won't match the total value of the guns, and a deductible that renders at least one of them uncovered.

February 12, 2024, 12:24 AM	#57
Greybeard Classic Junior Member Join Date: October 29, 2023 Location: NW Pennsylvania Posts: 11	My parents were once avid hunters and had a closet full of firearms, and over the years a few had been sold off to cover bills. Originally they had said that when they pass, I was to get the guns. Now enter my hair-triggered, explosive tempered sister, out of the air force several years and now divorced, who my parents were always afraid to say no to, says she wants mom's guns, even though she can't shoot long guns due to a bad neck and back, AND HAS NEVER HUNTED, by choice. I contested, and now mommy and daddy, to make nice with her, said that we had to agree with each other who can get what after they are gone. It's not going to be pretty as she already wants the house, etc. I am not looking forward to that day...

February 14, 2024, 11:28 AM	#60
Skans Senior Member Join Date: November 20, 2008 Posts: 11,132	Here are my thoughts. 1. First, before your dad dies, make sure that YOU are somehow the only one to gain access to the guns. You need to be worried about this both prior to his dying and just after his death. Take the guns and secure them. 2. Second, I wouldn't have any discussions with the Thug about your father's guns. Something's wrong with a guy who threatens his brother-in-law with physical harm to get a gun that is Willed to you. 3. Third, it sounds like you are in a restrictive handgun state. Make sure you have a plan for the guns transfer correctly to you - consult an FFL in your state. 4. It really would be best for your father to transfer the guns to you while you are living, especially when he no longer has any use for them. 5. If the Brother-in-law threatens you over a gun that is lawfully yours which he is not allowed to own, report it to the police.

February 20, 2024, 02:19 PM	#62
rem870hunter Senior Member Join Date: October 12, 2007 Location: N.J. and trying to decide what state to move to. Posts: 973	Skans...my father passed away on Jan 18 __________________ BEAR Bows,Remington shotguns,Marlin rifles

February 20, 2024, 02:23 PM	#63
rem870hunter Senior Member Join Date: October 12, 2007 Location: N.J. and trying to decide what state to move to. Posts: 973	Vito he would go around the will. They were seized in early December. Father had Daughter (my sister) get a lawyer. He supposedly told her to get them back whether i die or not. As far as i know the pd still has them __________________ BEAR Bows,Remington shotguns,Marlin rifles