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Dan 69

Inheritance vs executor of will

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Hello everyone I find myself in a difficult situation any help or advice would be appreciated thank you.

My uncle was sick in the hospital and gave me his guns to keep verbally with no witnesses unfortunately. Now the executor of the will is demanding these guns both long and pistol which I have in my possession. I have an f ID card the executor does not and in fact has seeked help for mental issues before. But she does have a son-in-law with an f ID card. I was going to give the son-in-law two of the long guns to keep the peace. My question is how to give the son-in-law two of th the long guns without putting liability on me and correctly ? What to do about keeping the rest of them? Do I have a legal leg to stand on in this case ? Should I turn them into the police if they want a fight about them ?

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15 minutes ago, Dan 69 said:

Hello everyone I find myself in a difficult situation any help or advice would be appreciated thank you.

My uncle was sick in the hospital and gave me his guns to keep verbally with no witnesses unfortunately. Now the executor of the will is demanding these guns both long and pistol which I have in my possession. I have an f ID card the executor does not and in fact has seeked help for mental issues before. But she does have a son-in-law with an f ID card. I was going to give the son-in-law two of the long guns to keep the peace. My question is how to give the son-in-law two of th the long guns without putting liability on me and correctly ? What to do about keeping the rest of them? Do I have a legal leg to stand on in this case ? Should I turn them into the police if they want a fight about them ?

Store them at an FFL or Gun Sitters type scenario and speak to a lawyer ASAP. No cops. My gut says you may have to turn them over as he is the executor but talk to a lawyer after you make them safe and secure. 

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Were you the closest relative? Did he have any children or a wife, sister or brother. It's going to come down to that if there is no will.

IMHO, you may be in a sticky situation if someone says it was an illegal transfer, which it most likely was if you are not his legal heir. Call a lawyer and don't get into possible legal trouble. If he/she says Give them to "X", I would do so immediately!  Just sayin!

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9 minutes ago, JohnnyB said:

Were you the closest relative? Did he have any children or a wife, sister or brother. It's going to come down to that if there is no will.

IMHO, you may be in a sticky situation if someone says it was an illegal transfer, which it most likely was if you are not his legal heir. Call a lawyer and don't get into possible legal trouble. If he/she says Give them to "X", I would do so immediately!  Just sayin!

It was an illegal transfer. The old man was still alive. It wasn’t an inheritance. Find a 2a friendly lawyer ASAP or give them over. 

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1 hour ago, BobA said:

It was an illegal transfer. The old man was still alive. It wasn’t an inheritance. Find a 2a friendly lawyer ASAP or give them over. 

I believe the same thing, illegal transfer.

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Of course it was an illegal transfer.  I was trying to give the OP the benefit of doubt for doing what he felt was right at the time! That however does not make it legal. He can't do anything with the guns since he does not legally own them!

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There was no legal transfer of the firearms to you unless proper paperwork was done in NJ.  The guns are part of your uncle's estate.  AFAIK  there is no need for an executor to have a FID to take possession of the firearms so they can be disposed of according to the will.  That could mean dIstributing to heirs and/or selling them for cash to be distributed.  If you refuse to turn them over to the executor that's pretty much like theft.

There's no bsing anyone as the executor knows you have them.  Whether the executors history of mental issues disqualifies them from discharging their duties in regards to the firearms is not for you to decide. I understand your concern.

IANAL but IMO a lawyer will probably tell you to just turn the firearms over to the executor.

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23 hours ago, Dan 69 said:

Hello everyone I find myself in a difficult situation any help or advice would be appreciated thank you.

My uncle was sick in the hospital and gave me his guns to keep verbally with no witnesses unfortunately. Now the executor of the will is demanding these guns both long and pistol which I have in my possession. I have an f ID card the executor does not and in fact has seeked help for mental issues before. But she does have a son-in-law with an f ID card. I was going to give the son-in-law two of the long guns to keep the peace. My question is how to give the son-in-law two of th the long guns without putting liability on me and correctly ? What to do about keeping the rest of them? Do I have a legal leg to stand on in this case ? Should I turn them into the police if they want a fight about them ?

Did the uncle die or is about to?   That wasn't clear.  One assumes so since there is an executor, but you didn't spell it out.

Turn the guns over, wash your hands of it and keep the cops out of it.  You were trying to do a good thing but you broke the law by accepting them.  No sense in getting punished for it.

They are just guns.  It's not worth getting raked over the coals for a couple guns, worth what?  A couple grand tops?  Chump change in the overall scheme of things.  It'd cost you 10 times that to defend yourself in court.

 

 

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8 hours ago, GRIZ said:

There was no legal transfer of the firearms to you unless proper paperwork was done in NJ.  The guns are part of your uncle's estate.  AFAIK  there is no need for an executor to have a FID to take possession of the firearms so they can be disposed of according to the will.  That could mean dIstributing to heirs and/or selling them for cash to be distributed.  If you refuse to turn them over to the executor that's pretty much like theft.

There's no bsing anyone as the executor knows you have them.  Whether the executors history of mental issues disqualifies them from discharging their duties in regards to the firearms is not for you to decide. I understand your concern.

IANAL but IMO a lawyer will probably tell you to just turn the firearms over to the executor.

I agree with everything Pete said about with one note - The executor does not need to have an FID card BUT that stipulation is based upon the fact that they (He or She) is not a prohibited person. The OP said there was mental health issues in the past which could be cause to say the executor in not able to legally take possession?

Also - there is no information as to where & when the transfer took place. IF they were transferred in another state and the OP brought them into NJ, they are legally his - jmo

I would see a lawyer..........

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39 minutes ago, JT Custom Guns said:

I agree with everything Pete said about with one note - The executor does not need to have an FID card BUT that stipulation is based upon the fact that they (He or She) is not a prohibited person. The OP said there was mental health issues in the past which could be cause to say the executor in not able to legally take possession?

Also - there is no information as to where & when the transfer took place. IF they were transferred in another state and the OP brought them into NJ, they are legally his - jmo

I would see a lawyer..........

Good point I overlooked Jack!

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I don't believe the executor needs to pass any qualifications for firearm ownership. The individual is simply tasked with providing a means for getting the firearms to the proper individual either a)listed in the will or b) the heir to the estate (next of kin). They do have a time period they can possess them with the intent to not keep possession of them if they are prohibited as well. 

The executor doesn't get to pick who gets these items, they just make sure that items go to who they are willed to, or they are evenly distributed to all beneficiaries. Not sure how her son-in-law even fits into this. 

The question is who is the heir to the estate? The executor is working to give these items to this individual, if its the same person... sounds like you are screwed. If it's a different person i would reach out to them. 

If the son in law is not listed as the heir to the firearms, then I would try and strike a deal with the executor who can claim your unlce inteded the firearms to go to both of you. 

 

There is also the "shoddy" alternative... how does she know you have them? 

Or Maybe you can contact a lawyer and see how transfer of items work if someone is technically dieing (medically determined) is it is considered an defacto inheritance?

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Thanks for the advice everyone,

Some other details that came up is that no specific items are listed to any beneficiaries. The executor gets 3/4 of all the property but she would be prohibited from owning any firearms. It was all done in NJ too .

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1 minute ago, Dan 69 said:

Thanks for the advice everyone,

Some other details that came up is that no specific items are listed to any beneficiaries. The executor gets 3/4 of all the property but she would be prohibited from owning any firearms. It was all done in NJ too .

I believe that even if she is prohibited she can keep them at an FFL and sell them or give them away as she sees fit.

Do your self a favor and erase this entire thread, talk to a lawyer and follow their advice. 

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Alright, I’m done with this thread. Sigmound Freud here has diagnosed the executor as nuts and made a legal decision she shouldn’t have the guns he got illegally. Go ahead and keep the guns and save the world. I’m out. Good night everyone!

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What is the Relationship between the deceased and the Executor?

I would think (Again No Lawyer here) if he gave them to you while alive he wanted you to have them...

Problem is he gave them to you while he was alive..  If he would have Transferred to you that's a different story. You might have a case to get them back if you turned them over to the executor or an FFL to hold with the executor's permission since she is the rightful person in charge of his belongings.

I would not go rushing to turn them over to the police at this point with consulting legal advice... You have the illegally... She "Might" be prohibited which would leave the guns in limbo depending on the police department.

Question.

  • Why does she want them back?  To Sell, Keep or Give to another family member?
     
  • Have you spoken to her and brought up the issue that she might be prohibited?
     
  • How did she know you had them?
     
  • When did he give them to you (Date)?
     
  • Did your Uncle reside in NJ?
  • Are you concerned with her taking these firearms because shes not stable?

  • Do you really want these firearms or just don't want her to have them?

  • Is there a Lawyer involved in his estate?

The fact you think she might be prohibited would not be a reason for you keeping possession since it would be an illegal transfer.  Bringing them to an FFL to baby sit might not be an option as this point if she presses the issue that you illegally obtained them based on NJ Gun Law, Its possible you would end up with legal issues even though the deceased gave them to you.

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1 hour ago, JackDaWack said:

As an owner of an FPID, did he not know that taking these firearms would be illegal? 

You would be amazed at what people do not know is illegal.... Or what is perfectly legal that they think is illegal..

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2 minutes ago, remixer said:

You would be amazed at what people do not know is illegal....

That's what I was thinking... How many FID holders actually know the new law that went into effect last October regarding transfers? Maybe 5% - 10% max...

Hell, how many 15 round mags are still going to the range this week???

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1 minute ago, Sniper said:

That's what I was thinking... How many FID holders actually know the new law that went into effect last October regarding transfers? Maybe 5% - 10% max...

Hell, how many 15 round mags are still going to the range this week???

I still have people bringing me mags "I just found out the law changed".

 

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Dan,

There is a provision in NJ law for the case where the inheritor is prohibited.

 N.J.S.A. 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.

 

So after firearms are found in your uncles basement, you or your aunts(??) SIL, can arrange to acquire them legally from the executor.

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