Aquiring a handgun upon parents death

[Woozy 0]

I know the topic of inheriting a handgun is discussed often, but I could use some further clarification if someone out there is knowledgable in my particular situation;

 

My father has a handgun that he wishes to leave me upon his death, however his Will was written many years ago and the handgun is not specifically mentioned. Does he need to modify the existing Will by going to an attorney's office and adding the handgun's information (and thus incurring add'l expense) or can he just state his wishes in a separate signed letter that would accompany the original Will?

[Old School 611]

I know the topic of inheriting a handgun is discussed often, but I could use some further clarification if someone out there is knowledgable in my particular situation;

 

My father has a handgun that he wishes to leave me upon his death, however his Will was written many years ago and the handgun is not specifically mentioned. Does he need to modify the existing Will by going to an attorney's office and adding the handgun's information (and thus incurring add'l expense) or can he just state his wishes in a separate signed letter that would accompany the original Will?

 

Granted I'm NOT a lawyer. But if it was me. I would add an ammendment page have it signed, witnessed and notorized.

 

The other option is rewrite the will on legalzoom or some of the cheap software that's out there. Now if it's a overall hefty estate spend the bucks and do it right.

[EchoMirage 137]

ive heard FROM a lawyer, that all he needs to do is say he'll give them to you when he dies, and have a witness. that makes it legal enough to be able to fight anyone else for ownership, if need be. obviously best bet would be to include it in the will, but its not needed. my father died and i took all his guns, without a word of them in a will.

[Malsua 1,422]

ive heard FROM a lawyer, that all he needs to do is say he'll give them to you when he dies, and have a witness. that makes it legal enough to be able to fight anyone else for ownership, if need be. obviously best bet would be to include it in the will, but its not needed. my father died and i took all his guns, without a word of them in a will.

 

Legally this is enough for ownership, it probably is not enough to qualify for a "no paperwork" legal transfer in NJ.

[djg0770 481]

An amendment page (witnessed and notarized as Frank said) should not cost much. I'm not a lawyer but I believe it is that easy.

[halbautomatisch 60]

At a minimum he should at least write his wishes down on a sheet of paper and sign and date it. As Malsua said verbal agreements are not likely to pass legal muster.

 

Changing or amending the will is the surest way to prevent problems.

[BRaptor 68]

This is very much a Wills question, and can be a tricky one.

 

I would like to think that a simple codicil/amendment would solve the problem, but there are questions/issues that have to be answered, including state law questions.

 

3B:3-16. Methods of altering will

No devise in, or clause of a will may be altered, except by another will or codicil or other writing declaring the alteration executed in the manner in which wills are required by law to be executed.

 

So, how does one execute a document so that it counts as a will in order to amend their prior will?

 

3B:3-2. Execution; witnessed wills; writings intended as wills.

 

a.Except as provided in subsection b. and in N.J.S.3B:3-3, a will shall be:

 

(1)in writing;

 

(2)signed by the testator or in the testator's name by some other individual in the testator's conscious presence and at the testator's direction; and

 

(3)signed by at least two individuals, each of whom signed within a reasonable time after each witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will.

 

What if the document doesn't comply with the execution requirements?

 

3B:3-3. Writings intended as wills.

 

Although a document or writing added upon a document was not executed in compliance with N.J.S.3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.3B:3-2 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will; (2) a partial or complete revocation of the will; (3) an addition to or an alteration of the will; or (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.

 

A lawyer now (and a $300-500 lawyer's bill) may save you a lot of trouble later.

[Woozy 0]

Thank you BRaptor, and everyone else for all the knowledgable replies! I think the best approach then is to be super-safe rather than sorry, so I'll ask my father to call his lawyer and get the cost to make this fully legit with all the necessary paper work and lawyer involvement (and of course I'll pick up the tab for it!)

[EchoMirage 137]

what exactly are you worried about. is there other family who may want the gun if its not in the will

[JackDaWack 2,895]

The primary thing to consider is if your ever questioned regarding the legality of the gun, you want a clear cut way to prove it was inherited. The easiest way would be to have the will or notarized section which clearly states this. I wouldn't take any chances and would only suggest doing it this way, even better.. you get around registering the firearms.

[djg0770 481]

There is a point I overlooked. If you are the sole heir - nothing regarding any gun needs to be named. You already inherited everything (legally) according to the will!