Legal Question

[AzRednek]

I'm in the process of composing a will and moving property into a trust. I have numerous paperless guns I intend to pass along to friends and relatives when I croak. I'm trying to think of a way to positively identify each paperless gun without listing the serial numbers. Anybody have any suggestions?? Best I can think of is listing a partial number but I'd rather keep them 100% paperless. I don't want to line the pockets of any lawyers in case their is a dispute.

[plumbum]

describe them photographically, and by make model and est date of mfr.

 

if you want to describe them well enough to preclude a contest later, you will have described them well enough for the UN to grab them if they so desire, if ya catch my drift.

 

you can always will the contents of your gun safe to somebody.

 

But the more vague you are about describing them, the easier you make it for somebody to do wrong.

 

describing "a shotgun" makes it possible for somebody to grab the LC smith your grandfather handed down, and to put in a POS from a garage sale.

 

I vaguely remember my trusts and estates class, if you want a more private malpractice session, pm me.

[Ron J]

AZ, I will run this past my son who just finished his 2nd year of law school. If he has studied this type of law he'll know where to look into it. It's a good thing for all of us to know something about, really.

[spec4 e4]

Or you can tag each firearm with the person name that you are going to give it to and put it in the will that you are leaving firearm to the following person and that their name is on an tag that is on the firearm.

 

Just an thought

Rob

[karlunity]

Give as many as you care to away now.

You will have the pleasure of seeing the joy in the person's face and perhaps going to the range with them and you will KNOW that the right person got the right gun.

 

As to the rest, make arrangements for a trusted friend or family member to pick them up once you are gone and deliver them for you.

 

Karl

[plumbum]

you can always grant the title to the firearms to the individuals now, and reserve a life estate in them. that way, you have a right to use and possession until you die, and when you do, the right to possession immediately goes to the holder of the remainder. the holder of the remainder then gets possessory interest and legal title together which collapses into regular ownership.

 

you can do this for each firearm, and give a document to the remainderman, complete with serial number. the SN will only be disclosed as needed, and in the discretion of the remainderman. explain what you did in your will, less serial number.

 

"I, Rufus Cervicus, hereby give to my son Junior, all title and interest I have in my H&K PSG-1, serial number 0000001, less a life estate. I retain the life estate, for the rest of my natural life, which extinguishes upon my death, for the unrestricted use and possession of the property, including my right to improve, modify, waste, damage, or destroy the property, intentionally or otherwise.

 

"I grant this interest of my own free will, and contrary to popular belief, I am not suffereing from cosmoline poisoning, alcoholism, or addiction to nudie bars. It's not suffering when you enjoy it."

 

then, in your will, mention that you have already given away your firearms, retaining only life estates. list the firearms and describe them well, without the serial numbers, and list who gets each one. this way, there is no conflict between the will and the life estates.

 

[AzRednek]

Thx everybody, I'm meeting with the lawyer and getting the trust started next week. I'll see what he says. Most likely my son that has absolutely no interest in guns will be given the task and they wont even be listed in the will. My son will be handling my former father-in-law's collection in a similar manner. That collection is 100% paperless as most was bought before 1968. Sure wish he's get over me divorcing his daughter and leave them to me!! Colts, S&W's and Winchesters most made or purchased during the 1950's and early 60's.

 

I just want to do my best to keep as much of my stuff as possible, paperless. Especially handguns in case Barzooka Yomma is elected and wants them either registered or even worse, like Australia, given to the govt to be destroyed. Most everything I have has at least a 4473 paper trail. I have a few handguns and rifles I either horse traded for or purchased at gun shows from private sellers and when I used to shop yard sales and flea markets. My X-wife was a cop and the numbers were ran to be certain they were not hot. Had to give one up though. I'm not ready to transfer them to anybody yet as my 2 year survivability odds have been improved to 70/30 and five year or completely cancer free right at 50/50. I'm in the process of going through a stem cell collection and will be going through a bone marrow transplant soon. Finally got connected to a no BS-ing Dr that advised me to take care of the legal stuff before the stem cell transplant in case it goes south.

[Gothmog]

Give as many as you care to away now.

You will have the pleasure of seeing the joy in the person's face and perhaps going to the range with them and you will KNOW that the right person got the right gun.

 

As to the rest, make arrangements for a trusted friend or family member to pick them up once you are gone and deliver them for you.

 

Karl

 

I like what Karl suggests .... 'inter vivos' (while alive) transfers are less problematic and don't require probate or lawyers or fuss.

[karlunity]

.

 

"yet as my 2 year survivability odds have been improved to 70/30 and five year or completely cancer free right at 50/50. I'm in the process of going through a stem cell collection and will be going through a bone marrow transplant soon."

AzRednek.

 

 

 

We will include you in our prayers.

 

Take care

Karl