Inheritance

[NJGunGeek1980 1]

Was wondering if anyone knew any specifics on the inheritance of firearms. My father passed away recently and has left to me a pistol. It is my understanding that in doing so there is nothing that i need to do other then take position of it form my mom. While he did not have a "Will" he did leave a few things in writing this being one of them. From what i have read although i do have a FPID i do not even need that all i need to do is not be a prohibited person. 

[Golf battery 1,223]

Sounds good to me.

[Malsua 1,422]

Was wondering if anyone knew any specifics on the inheritance of firearms. My father passed away recently and has left to me a pistol. It is my understanding that in doing so there is nothing that i need to do other then take position of it form my mom. While he did not have a "Will" he did leave a few things in writing this being one of them. From what i have read although i do have a FPID i do not even need that all i need to do is not be a prohibited person. 

 

You don't even need to have a FPID, you just can't be a prohibited person.

 

It does have to be stated in the will.

 

It even applies across state lines, as was my case as my step father passed away in September and left half his guns to me and the other half to his son.

[T Bill 649]

See NJ 2C:58-3j.  Without a formal will, hand written notes do not qualify and the rules of intestacy apply.  Simple translation is mom owns everything and you will need a P2P to own,  During Probate there may be an chance to enter the writings into the record.  Consult a lawyer if you must.  

[John Willett 70]

 While he did not have a "Will" he did leave a few things in writing this being one of them. 

 

 

See NJ 2C:58-3j.  Without a formal will, hand written notes do not qualify and the rules of intestacy apply.  Simple translation is mom owns everything and you will need a P2P to own,  

 

 

Agreed, the lack of a "will" is key. 

[DaveR 42]

Nothing about requiring a will.

 

testamentary bequest would refer to a will

intestacy is without a will

 

So it pretty much translates to:

 

...a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner to his heir, with or without a will...

 

2C:58-3j
Firearms passing to heirs or legatees.  Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy.  The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.
 

Also:

 

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.

© In the case of assault firearms or machine guns disposition shall be in accordance with N.J.A.C. 13:54-5

[Malsua 1,422]

The issues is that without a will, the heir is the spouse.  If you're the spouse, you're good to go.  Anyone else needs it spelled out in the will.    

[DaveR 42]

Search on:  New Jersey intestate succession and intestacy..

 

You will see that the children are entitled to properties without a will.

[Malsua 1,422]

Search on:  New Jersey intestate succession and intestacy..

 

You will see that the children are entitled to properties without a will.

 

Here ya go.

 

http://www.nolo.com/legal-encyclopedia/intestate-succession-new-jersey.html

 

[HBecwithFn7 296]

Moral of the story.... Draw a Will.   Nobody wants to do it, I know.  I've been putting it off, myself.  But I resolve to do it this year. And there are a lot of on-line services now that can assist you rather cheaply.  Choose your personal representative, wisely.  Make absolutely sure that they'll do *exactly* what you want them to do, since you won't be there to enforce it.   I know this, having just finished being the personal rep. for my late Godmother.  My hope is to find someone that will do the same for me.

[DaveR 42]

Sent Anthony at GFH an email suggesting this as a topic for discussion, looks like It will be on GFH radio #295, taping next week.  Can't wait.

[ChrisJM981 924]

Sorry for your loss. Going through a similar situation myself.

[Barische 4]

Sorry for ur loss, my dog suggests take the pistol n delete this thread immediately

[NJGunGeek1980 1]

So here is the word from both the SP and the AG's office. Law's of inheritance in NJ are as follows. As his child i am entitled to part of his estate, what is required and what was already done was for my mom to be made administrator of his estate by the surrogate court. This had to be done to get his life insurance. Having the letter is simply a backup and not legally need per the AG's office as his heirs are my mom, me, my bother & sister. The notarized letter is just icing on the cake if you will. 

[RKBAGUY 0]

Got a similar situation, thought you guys could help.

Scenario:

• Your father-in-law deceases, beforehand instructing your mother-in-law that you are to receive his gun collection.
• There is no provision in his will enumerating to whom the firearms go.
• Your mother-in-law wants you to have the guns.
• Your mother-in-law does not have an FID
• You don't have an FID as of yet.
• You are not a prohibited person.

Because there's no direct family connection, I'm guessing a form SP-015 is what would be required to get this done?

What is the best course of action?

[PK90 3,570]

It can't go directly to you. You are not the one who inherited it. You must adhere to  the same process for buying any firearm.

[RKBAGUY 0]

12 hours ago, PK90 said:

It can't go directly to you. You are not the one who inherited it. You must adhere to  the same process for buying any firearm.

That's what I figured.  Is there any risk to having the Mother-In-Law hold them until the FID is approved?  I'm curious because they were not specifically enumerated in the will, and you know there's never a day that the state of NJ isn't looking to put a foot up the ass of a gun owner.  Just looking to be sure they aren't confiscated due to some mumbo-jumbo 'gotcha' clause buried somewhere.