What happens to my guns if I die?

[colnar 0]

As I stated in an earlier post, I just purchased a new MP9 from AnA today. As I was admiring my new purchase on the couch after we arrived home, my wife asked me a very good question. What happens to my guns, God forbid, if I die? Do they automatically becomes hers? Does she have to take them to the LGS and have them transferred to her? Does she have to sell them?

 

Do I need to do anything proactively to make sure they becomes hers, i.e. a will? If anyone has any facts on this I would be very thankful for any help.

 

BillM.

[hiker88 22]

Your wife sells your guns at the price you told her that you bought them at. LOL

[Ian S 22]

13:54-1.13 Firearms passing to heirs or legatees

(a) Notwithstanding the provisions of this subchapter concerning the acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm, upon the death of its owner. A person so acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-1.5 and 1.6.

(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of the firearm for the purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent. During such period the firearm must be placed in the custody of the chief of police or Superintendent.

 

If she is your legal heir, they will be hers. Teach her to enjoy them.

[njJoniGuy 2,131]

Fug that!

I'm taking at least one of mine with me.

Damned if I'm gonna be an UNARMED zombie!!

[colnar 0]

This may be a dumb question, but how does she become my legal heir? My will?

 

 

p.s. She already know how to handle them and will be signing up for her FID and P2Ps on Wednesday.

[johnp 45]

I believe once you get married your spouse automatically becomes your 'next of kin'. So unless you stated otherwise in a will, all of your possessions would transfer to your wife.

[Pizza Bob 1,488]

Sheeesh, didn't you just get your first gun and already you're worried what will happen to it if you die? You're a glass half empty kind a guy, right?

[colnar 0]

It was actually my wife who asked. I was just trying to be a good husband and allay her fears. We had actually been discussing her parents health earlier in the day and I think that may have put her in that frame of mind.

 

I am just so happy to have finally picked up the gun and I can't wait to get to the range.

[Ian S 22]

I always assumed that a wife is the legal heir as next of kin. But, it is a little more complicated:

 

 

From: http://www.citizensi...nheritance.html

The amount of the surviving spouse's legal right share depends on two factors:

• whether or not there is a valid will
  
• whether or not the deceased spouse has any children.
  

You are entitled to the whole estate if:

• there is no will or the will is invalid, and
  
• the deceased spouse has no children or grandchildren.
  

You are entitled to two-thirds of the estate if:

• there is no valid will, and
  
• the deceased spouse has children or grandchildren.
  

You are entitled to one-half of the estate if:

• there is a valid will, and
  
• the deceased spouse has no children or grandchildren.
  

You are entitled to one-third of the estate if:

• there is a valid will, and
  
• the deceased spouse has children or grandchildren.
  

[HarryLee 0]

Sheeesh, didn't you just get your first gun and already you're worried what will happen to it if you die? You're a glass half empty kind a guy, right?

Right on, Bob. Buy all the guns you want cause you won't care about anything when you depart.

"When" you depart, not "If" you depart.

[EchoMirage 137]

make a will, first thing, if youre worried. ive gone through family drama and bs because of deaths and wills. the only way to protect your belongings is to make a clear, legal, definite will. add/change it regularly as needed.

[XDJohnTact 49]

My wife does not want my guns. I have already bequest them to my son in my will. Geez, if I ever had to sell them for what she thinks I bought them for, I would lose a whole lot of money!

[Sandy 44]

When Pete and I did our will we were told if there was NO will , and one spouse dies during the marriage , the surviving spouse would be the heir of the entire estate .

 

As a PP said , as long one is not a restricted person , they are allowed to inherit and keep the firearms.

[TheDon 3]

What is with all this talk of "if" when it comes to dying. I hate to burst your bubble guy, but it is not "if" you die. It is "when" you die. We hope it is some time from now and you have many happy years of shooting left.

 

I have heard a number of stories about lucky gunners who find estates and dupe the old ladies out of their husbands guns for a fraction of their value. Recently I heard of a guy who offered a lady $5,000 for 40+ guns. She jumped at the offer not knowing they were worth 10-times that amount. That's why I have a journal that lists the value of everything I own.

 

I have also willed my good stuff to my sons. You can ammend your will by hand without a lawyer at any time. I do it often.

Edited April 30, 2012 by TheDon

[Sandy 44]

but is is not "if" you dye. It is "when" you dye.

 

Well , you could alternatively just go gray.

[siderman 1,138]

Well , you could alternatively just go gray.

 

lol

[Underdog 1,593]

Make sure whoever is listed to inherit each them has a valid FID card. Your wife should get one, even if she will possess them temporarily.

[TheDon 3]

Well , you could alternatively just go gray.

 

LOL. OK, I gave you that one.

[Sandy 44]

LOL. OK, I gave you that one.

 

lol darn you autocorrect!

Make sure whoever is listed to inherit each them has a valid FID card. Your wife should get one, even if she will possess them temporarily.

 

I am under the impression you only need an FID or PP to purchase firearms , not to inherit them.

[Zed's_Dead 16]

I always assumed that a wife is the legal heir as next of kin. But, it is a little more complicated:

 

 

From: http://www.citizensi...nheritance.html

 

Actually, that does not appear to be NJ law. NJ's estate laws are set out in NJSA 3B:5-1 et seq.

 

3B:5-3. Intestate share of decedent's surviving spouse or domestic partner.

 

3B:5-3. Intestate share of decedent's surviving spouse or domestic partner.

 

The intestate share of the surviving spouse or domestic partner is:

 

a. The entire intestate estate if:

 

(1) No descendant or parent of the decedent survives the decedent; or

 

(2) All of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent;

 

b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

 

c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate:

 

(1) If all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and the surviving spouse or domestic partner has one or more surviving descendants who are not descendants of the decedent; or

 

(2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner.

[Sigman 41]

When Pete and I did our will we were told if there was NO will , and one spouse dies during the marriage , the surviving spouse would be the heir of the entire estate .

 

As a PP said , as long one is not a restricted person , they are allowed to inherit and keep the firearms.

 

This is correct - went through this a couple of years ago in our family.

[JackDaWack 2,895]

I always assumed that a wife is the legal heir as next of kin. But, it is a little more complicated:

 

 

From: http://www.citizensi...nheritance.html

 

This is speaking in terms of absolute minimum. If you husband dies and has a will, the wife is entitled to at least half of the estate no matter what is in the will. If there is no will, she gets everything. However, technically in a marriage, wife and husband already share everything, so when the husband dies, the wife assumes all joint accounts anyway. It's a very tricky subject when a spouse wills away something other then to the other spouse because they would have to prove that the wife already doesn't have partial ownership to begin with.

[colnar 0]

It is just my wife and I. We don't have any kids, and at our age, they are not likely to be any as well.

 

Thanks for all the great input.

[JrzyGuy30 0]

Fug that!

I'm taking at least one of mine with me.

Damned if I'm gonna be an UNARMED zombie!!

 

Can we be buried with our choice of gun in the casket? I wonder how legal that is..

[Old Glock guy 1,127]

What is with all this talk of "if" when it comes to dying. I hate to burst your bubble guy, but it is not "if" you die. It is "when" you die.

 

Yes, I was going to point that out as well, but I didn't want to be the party pooper. At least you mad some positive comments after that, while I was just going to make the observation and walk away.

[colnar 0]

Maybe I should have phrased it "if I die before her"? LOL!

[Sandy 44]

This is correct - went through this a couple of years ago in our family.

 

I know of a woman who recently inherited a bunch of money.She has grown children from 2 separate marriages. The marriage #2 , which she is still in , is in the toilet and they do plan to separate after a few financial things with one of the kid's colleges is figured out. Excuses. But anyway , this woman inherited a lot of money which he is not entitled to any of it as long as she keeps it completely separate , deposits no other money in it , and does not use it for marital bills . She went to an attorney because she wants to disinherent him of the inheritance should she predecease him. The attorney said he could do the will that way and the paper work but odds are if no motions for divorce are filed and you are living together at the time of death it is damn near impossible to disinherit your spouse. He would have very little problem contesting the will. Ultimately what she had to do to keep the funds from him should she predecease him and/or the divorce proceedings , was to set up a trust fund with herself and each of her kids as trustees. That way if she dies , the 2 children are co-owners of the trust fund. It goes through no probate , nothing. The downside is the trustees have to trust each other unequivocally .These two siblings do.. but you do have to make sure.

 

Trust funds and PODs on accounts ( Pay On Death ) are two ways to circumvent the will/probabte PIA.

 

Since we're on the topic lol

[njJoniGuy 2,131]

Can we be buried with our choice of gun in the casket? I wonder how legal that is..

Why not?

The guns are mine until they are transferred to someone else (either by my actions or by action of law) so I would hope that my next-of-kin would respect my wish to be buried with an XD45 and a couple of spare mags.

Even zombies deserve a fighting chance, don't they?

[Midwest 28]

Can we be buried with our choice of gun in the casket? I wonder how legal that is..

 

Great question, I have read forums where 'survivalists' have recommended in burying some firearms encased in PVC in case of a future confiscation TSHTF scenario.

 

As far as a gun in a casket, if the casket had a FID it would be OK. And it could be considered unlawful unless it securely fastened. Padlock and chains around the casket could be considered securely fastened.

 

Then there is the whole issue of transport, the casket with the gun could not stop at a place of worship before burial unless it had an FID otherwise it would have to go directly to the cemetery. Does the FID have to be in the casket or outside of it? Suppose the hearse has to stop for gas, is that an reasonable exemption?

 

Maybe Evan Nappen could address these issues....

[Old Glock guy 1,127]

Great question, I have read forums where 'survivalists' have recommended in burying some firearms encased in PVC in case of a future confiscation TSHTF scenario.

 

As far as a gun in a casket, if the casket had a FID it would be OK. And it could be considered unlawful unless it securely fastened. Padlock and chains around the casket could be considered securely fastened.

 

Then there is the whole issue of transport, the casket with the gun could not stop at a place of worship before burial unless it had an FID otherwise it would have to go directly to the cemetery. Does the FID have to be in the casket or outside of it? Suppose the hearse has to stop for gas, is that an reasonable exemption?

 

Maybe Evan Nappen could address these issues....

 

Would they have to put the ammo in a separate casket, or could it be in the same casket as long as it's in a sealed container?