Inheriting guns from dad

[brickeyee]

The way I understand intestate succession is that the state law or court IS the executor. The state law or court decides who gets what property.

You do not understand the mechanism that gets everything done.


An heir (under the intestate rules) or other ‘interested party’ can petition the court to be named executor (a bond may be required).
The way I understand intestate succession is that the state law or court IS the executor. The state law or court decides who gets what property.

An heir (under the intestate rules) or other ‘interested party’ can petition the court to be named executor (a bond may be required).

They would then be responsible for carrying out the states intestate rules and dispersing the estate.
If no one applies, the court will appoint someone (often a local attorney) who then gets to bill the estate for their time.

They would then be responsible for carrying out the states intestate rules and dispersing the estate.

Sometimes it is as simple as dispersing the assets, getting a receipt to show they have been transferred, filling any tax forms required (federal, local, etc.) and then filing the paperwork to close the estate with the court.

The court is not about to do the paperwork required, but hires it out.



If no one applies, the court will appoint someone (often a local attorney) who then gets to bill the estate for their time.

Sometimes it is as simple as dispersing the assets, getting a receipt to show they have been transferred, filling any tax forms required (federal, local, etc.) and then filing the paperwork to close the estate with the court.

The court is not about to do the paperwork required, but hires it out.

I have had to deal with it in Virginia a couple times for friends that failed to update wills after moving to Virginia making them invalid (though for the most part the judges have always instructed me to try and follow them).

 

[Geckgo]

Settled finally. Since pretty much everything was split ownership between my mother and father, and the rest of the estate (i.e. the guns) was less than 10,000 dollars, then no special paperwork needed to be filed. We just got back from the attorney's office. The state police told him that we were good to go for transfer with a bill of sale, I told the attorney that it may be fine for them once it's out of their state, but that I would like whatever paperwork to specify direct inheritance, to cover the federal interstate stuff, and he said it was no problem,, The paperwork is exactly the same as a bill of sale, and nothing had to be filed, but below is how it was written up:

ESTATE TRANSFER OF OWNERSHIP

Comes now [mom's name] of [address], the undersigned, being the spouse of [dad's name], [dad's address], who passed away on [date] in [county] County, Illinois; does transfer the following guns, as inheritance from [dad's name] to [me and my address]: Winchester model 37A 20 gauge break action, serial number [s/n]; Daisy model 2202 bolt action rifle, serial number [s/n]; and KelTec P3AT .380 automatic double action pistol, serial number [s/n].

This is a direct inheritance from [dad's name], deceased, to his son, [my name].

Dated this 28th day of March, 2011 at Trenton, Illinois.

_________________
[Mom's name], surviving spouse of [dad's name]

I, Geckgo, state that I am recieving my father's guns in Illinois for transportation to my home in Louisiana.

__________________
Geckgo



That's pretty much it, a lot like of bill of sale and didn't need to be filed with anyone. Hope this will help out if someone has this same issue in the future. You don't need a lawer to do this (obviously doesn't apply to cook county), you do it just like a bill of sale and use the words direct inheritance, and make sure that the negotiable parts of the estate (the stuff that was solely in dad's name) is less than 10k. Thanks everyone for the advice. The lawer charged 50 bucks to do the research and the paperwork.

 

[Cop Bob]

dprice3844444
Member


Join Date: February 26, 2011
Location: se fla
Posts: 58

now set up a living trust for anything else like cars,house,retirement benefits etc.if she has to go to a nursing home under institutionalized medicare/medicaid,they will take everything.trust avoids all the pitfalls



This may be the BEST advise I have heard yet.....

When the dust settles, I would look into this for yourself. In most states these trusts need to be in place for 1 to 3 years for the state to honor them.. so that it doesn't look like a last minute effort to cut the state out of Medicare restitution.

When My Parents passed, Texas was one of only three states that did not require nursing home expenses paid by the state to me reimbursed by the estate, the law in Texas changed the following year. I know that IL requires it, and I am not sure about LA, but in any cash strapped state, and LA surely falls into that area, they may have enacted such measures if they were not in place aready..

 

[brickeyee]

"now set up a living trust for anything else like cars,house,retirement benefits etc.if she has to go to a nursing home under institutionalized medicare/medicaid,they will take everything.trust avoids all the pitfalls"

Actually it does not in many cases depending on the 'look back' period.

The feds can force any transfer during the look back period to be unwound.

Trusts can help avoid probate delays.

They do nothing for taxes.

 

[hermannr]

Geckgo, happy to hear all is settled for you.

 

[Geckgo]

Thank you all, yes, we are getting mom squared away, including getting her a life insurance policy, even if it's a small one.

 

[Top_Gunn]

Glad it worked out. This thread is also a nice reminder that not all lawyers are going to charge you a bundle for simple paperwork. There are times when a few bucks for good legal advice is a wise investment.