Jump to content
taos

What to do with nfa items after death?

Recommended Posts

I did a search before posting, but none of the topics presented quite matched up with my situation.

My dad passed away a few months ago and we're trying to get his affairs wrapped up with as little drama as possible.  When he passed away, he had a few NFA items. I know that we can use form 5 to transfer the items to a lawful heir. The thing is after speaking with an attorney on just the estate in general,  she said it really wasn't worth going through probate to deal with settling debts and dispersing what's left over. Which I'm fine with. But that means we don't technically have an executor for the will. 

Is it possible to fill out  form 5 and have my mom (as the surviving spouse serve as "executor / personal representative") either transfer them to herself or transfer them to me?  Or are we going to have to open probate just to deal with these items?

Help?

Share this post


Link to post
Share on other sites

You need to talk to an nfa attorney. Steven Holbrook is/was the best but I have no idea he is still practicing or even alive.

Bill

Share this post


Link to post
Share on other sites

The position of executor/personal representative is a "legal/fiduciary" position, and can only be recognized when the will is probated and the executor/PR is appointed by the court.  The court will issue "letters of administration" which indicate who the executor/PR is.  This document is necessary to perform the functions of PR.  Your mother could decline to serve and then you  be appointed as PR.  

Since NFA items are involved, you should probably do it the legal way so whoever receives the items in question do not have issues later down the road.  The attorney you have should be able to do this at minimal cost, but it really depends on the attorney.  

  • Like 2

Share this post


Link to post
Share on other sites

John Harris in Nashville is the best Firearms attorney in TN.  He is very familiar with NFA law.  You can reach him through the Tennessee Firearms Association website as he is the Director.

With NFA items, always play it safe as some things have extremely high values and the penalties for messing it up can be pretty severe.

  • Like 2

Share this post


Link to post
Share on other sites
1 hour ago, 1gewehr said:

John Harris in Nashville is the best Firearms attorney in TN.  He is very familiar with NFA law.  You can reach him through the Tennessee Firearms Association website as he is the Director.

With NFA items, always play it safe as some things have extremely high values and the penalties for messing it up can be pretty severe.

http://johniharris.com

 

Share this post


Link to post
Share on other sites

Two pieces of information.  The first is from the Form 5 instructions.  

 

Quote
  1. Estates, Trusts, and Other Transfers by Operation of Law. When a firearm is being transferred from an estate by bequest or intestate succession (see 27 CFR § 479.90a), or by other operation of law to a beneficiary or other authorized recipient, ATF Form 5 is used to effect the transfer. The executor, trustee, or other person appointed to dispose of property shall provide documentation of the legal status of the person entitled to receive property, and shall identify that person in item 2a. In the case of an estate, item 3e shall be completed to reflect the decedent's information. If the transfer is to someone other than to a person identified under operation of law, the transfer is subject to transfer tax and ATF Form 4 shall be used.

 

 

 

This is from a lawyer giving instructions on how to fill out the form five.  

 

Quote

3b: This is the Name of the Personal Representative or Executor. Remember that a will does not make someone the PR, it just gives a preference to a court to appoint that person if they are qualified. You will have to include court papers showing that this person has in fact been appointed.

 

 

 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • By Esko 270
      Would you turn yours in if they had not been stolen or lost in a boating accident?
      https://reason.com/2019/06/25/backers-of-a-federal-ban-on-gun-silencers-claim-only-criminals-use-them/
    • By GlockSpock
      Received an email from GOA regarding Jeremy and Kansas. Long story short, he purchased a suppressor from an unlicensed manufacturer. Why? Kansas has a law stating that all firearms, accessories and ammo manufactured and possessed inside the state are exempt from federal law.
      GOA and several AG from other states are backing the appeals.
      I guess if the Supreme Court actually makes a ruling, this will affect us and the country for years to come.
      In wake of the recent shooting suppressors are already a hot topic, but theoretically if you took all the legal, taxed suppressors and developed a crime rate, I imagine it would be inexplicably low.
    • By Chucktshoes
      In today’s entirely predictable outcomes, the ATF has begun arresting folks who bought Glock autosears off of Wish.com. How they didn’t see this coming from a mile away, I don’t know. If anyone reading this was dumb enough to make this mistake, I’d get on figuring out how to get rid of it in a way that the ATF might take mercy on you. At least do it for your dog’s sake  
       
      http://www.recoilweb.com/multiple-reports-of-wish-com-glock-sear-arrests-by-atf-149143.html

The Fine Print

Tennessee Gun Owners (TNGunOwners.com) is the premier Community and Discussion Forum for gun owners, firearm enthusiasts, sportsmen and Second Amendment proponents in the state of Tennessee and surrounding region.

TNGunOwners.com (TGO) is a presentation of Enthusiast Productions. The TGO state flag logo and the TGO tri-hole "icon" logo are trademarks of Tennessee Gun Owners. The TGO logos and all content presented on this site may not be reproduced in any form without express written permission. The opinions expressed on TGO are those of their authors and do not necessarily reflect those of the site's owners or staff.

Before engaging in any transaction of goods or services on TGO, all parties involved must know and follow the local, state and Federal laws regarding those transactions. TGO makes no claims, guarantees or assurances regarding any such transactions.

×
×
  • Create New...

Important Information

By using this site, you agree to the following.
Terms of Use | Privacy Policy | Guidelines