Ownership due to Death

[this_is_nascar 162]

Sorry guys, but I'm unable to find a definitive answer, even though it's probably staring me in the face.

 

My nephew's father just passed and does not appear to have a will. The heirs are my nephew, his brother and his sister.

 

His father owns a handgun and a rifle. What does my nephew need to do in order to take legal possession of said firearms?

 

I think, he already has a NJ FID.

 

Thanks in advance.

 

 

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[W2MC 1,699]

 

If I inherit a firearm what must I do?

Pursuant to N.J.S.A. 2C:58-3j, a firearm purchaser identification card and/or a handgun purchase permit shall not be required for the passing of a firearm upon the death of an owner thereof to his/her heir or legatee, whether the same by testamentary bequest or by the laws of intestacy. The firearm must be legal to possess in New Jersey and the pers N.J.S.A. 2C:58-3con receiving the firearm shall not be prohibited by before receiving the firearm. If the heir or legatee does not qualify to acquire and possess the firearm, then ownership may be retained for a period not to exceed 180 days provided the firearm is transferred to the chief law enforcement officer of the municipality or the superintendent during such period.

 

http://www.njsp.org/firearms/firearms-faqs.shtml

[W2MC 1,699]

http://www.newjerseygunlawyers.com/inheriting-firearms-in-new-jersey/

[PK90 3,570]

Also, have Bro and Sis sign off ownership.

 

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[this_is_nascar 162]

Thanks. Just wanted to make sure that it specifically didn't need to be willed to him. Sounds like it doesn't.

 

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[njJoniGuy 2,131]

Thanks. Just wanted to make sure that it specifically didn't need to be willed to him. Sounds like it doesn't.

Just in this specific case.

Given that he and his siblings are the entire pool of primary beneficiaries of the Estate, all he needs is to not be a prohibited person (having his FID is wallet (almost) sized proof) and have the others sign off (as PK90 said)

No fuss, no muss

No paperwork, exc for the signed note memo from the sibs to be kept same as an original receipt.

And note, the fair market value counts toward his 'equal' share of the net Estate.

[tattooo 220]

Just in this specific case.

Given that he and his siblings are the entire pool of primary beneficiaries of the Estate, all he needs is to not be a prohibited person (having his FID is wallet (almost) sized proof) and have the others sign off (as PK90 said)

No fuss, no muss

No paperwork, exc for the signed note memo from the sibs to be kept same as an original receipt.

And note, the fair market value counts toward his 'equal' share of the net Estate.

Good info ....I wasn't aware you could have any handgun without a permit for any reason in newjerseystan

[T Bill 649]

You cannot purchase a firearm as a NJ resident without FID or P2P.  Any legally acquired firearms from when you were a resident of another state and that are NJ legal can legally be possessed by you in NJ.  Just a hell of a lot of restrictions go with them.  FID card takes a some of that away.

[W2MC 1,699]

Actually, as I understand it, way back when...when this passage was written, it was the police union who fought hard for the inheritance clause to be included...they didn't want their wives becoming "instant felons" upon their passing.

[remixer 1,645]

Death is one of the few things that can get you a handgun without needing a permit

[DirtyDigz 1,812]

Death is one of the few things that can get you a handgun without needing a permit

 

Another being legally manufacturing your own handgun in another state that allows personal firearms manufacture and then legally transporting it back into NJ.

 

COUGH *polymer80 spectre milled out in a Delaware rest stop with a battery powered dremel* COUGH

[this_is_nascar 162]

Thanks again everyone.

 

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[Barms 98]

He brushed over a major point there. NO WILL. The NJ gets the estate first. Then you just hope they give it to the kids. That's the order people when you die without a will.

 

Sure it says you can take possession intestate but you just can't walk over there and grab it. The state divides it up

 

NOOOOO WILLLLLLL

[this_is_nascar 162]

He brushed over a major point there. NO WILL. The NJ gets the estate first. Then you just hope they give it to the kids. That's the order people when you die without a will.

 

Sure it says you can take possession intestate but you just can't walk over there and grab it. The state divides it up

 

NOOOOO WILLLLLLL

Now I'm confused again. If no will, I thought the heirs were automatically the living children.

 

 

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[this_is_nascar 162]

...Also, say there is a will, but nothing specifically mentioned about the firearms?

 

They should automatically become the property of the heirs, right?

 

 

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[W2MC 1,699]

Snippets of the NJ Intestate laws.

 

http://www.mystatewill.com/statutes/nj_law.htm

 

 

Lets not make this too difficult....

[Barms 98]

They are entitled to the property. But when people die lots of docs need to get filed. Taxes filed. Taxes withheld. Etc.

 

If there is no will the STATE acts as executor. Yes the children will get the loot but it's a process.

 

The point of a simple will is to say "hey state you don't need to get involved"

 

What if he had another child you didn't know about. The state wants to make sure nobody else has a claim on assets WHEN THERE IS NO WILL STATING WHO GETS WHAT.

 

If your nephew says "man that bitch sister of mine shouldn't get anything dad hated her". The state will say "too bad she gets a third because there was no will. "

[Barms 98]

My rant above has nothing to do with guns. It's a PSA to say the point of a will is to tell the state not to get involved.

[Princetonian58 53]

A person who dies without a will dies intestate. In that case, NJ statutes specify which heirs take the estate. The preference is obviously surviving spouse, if married at time of death, and children. Then parents, siblings etc. The State takes the property when no heirs exist or fail to come forward an open an estate. That is called "escheat" and is not the same as "intestacy."