Am making this inquiry on behalf of a friend of mine and his wife.  Neither is currently a firearm owner.  His wife and her sister inherited their father's possessions upon his recent death. (Their mother was already deceased.) Upon going thru an old trunk in the house, then came upon their father's goverment issued handgun from WW2 along with it's holster and a box of ammo from 1944.  It is apparently in very good shape according to my friend and they want to keep it in the family.  Here is my question.  The father did not have a will. So which of his daughters legally owns the handgun?  Is it just a matter of the daughters deciding amongst themselves who will be the sole owner going forward?  

Any insights would be appreciated.

 

 

There was no will or any other document stating where his belongings were to go? How about the house, how are they inheriting it without a will? Was there a trust or estate document?

I would think they need some sort of document showing they are entitled to any personal items of his. I don't believe it's "automatic".

 

No will equals next of kin. And they can arbitrate the bequeathed.

put it in a trust and the trust owns it and if they're named as trustees they both can use it.

9 minutes ago, djg0770 said:

put it in a trust and the trust owns it and if they're named as trustees they both can use it.

Post mortem?

I don't know nutting about no law but they are the direct descendants. If it were me, I would be asking my brother: who will get the tupperware set? And how are we going to decide who keeps it? Coin toss? Exchange for something of an equal value?

Same thing.

I'd be very quiet about it.  Officially, the executor of the estate is responsible for asset distribution.  Without a will there may be something where the state assigns an executor.  In NJ who knows how that would work out.

What gun?

Simple.

Thanks for the feedback so far.  I do need to find out more of the context and how they are handling the overall estate (cash assets, house, etc.).  They may need to get a lawyer involved to settle the estate.  In which case they can discuss this with the attorny. The firearm is then just one of the many assets and probably can be handled like the tupperware example above.  I do not think the other sister wants it, so will likely go to my friend's wife. 

2 hours ago, oldguysrule649 said:

Am making this inquiry on behalf of a friend of mine and his wife.  Neither is currently a firearm owner.  His wife and her sister inherited their father's possessions upon his recent death. (Their mother was already deceased.) Upon going thru an old trunk in the house, then came upon their father's goverment issued handgun from WW2 along with it's holster and a box of ammo from 1944.  It is apparently in very good shape according to my friend and they want to keep it in the family.  Here is my question.  The father did not have a will. So which of his daughters legally owns the handgun?  Is it just a matter of the daughters deciding amongst themselves who will be the sole owner going forward?  

Any insights would be appreciated.

 

 

I believe the law states that it all reverts to me.  Call me. I'll make all arraignments.  

Not to derail this thread, but a guy I knew died recently, and his two sons divided his collection of 150+ guns.

Visions of sugar plums dance in my head when I picture what that must have been like.  

2 hours ago, mustang69 said:

I'd be very quiet about it.  Officially, the executor of the estate is responsible for asset distribution.  Without a will there may be something where the state assigns an executor.  In NJ who knows how that would work out.

I agree distribution is done by the executor with input from the heirs by state law.

If the estate is under a certain amount and there is no will, the county surrogate appoints an administrator.  The administrator acts as the executor.  If the two heirs agree one signs off they are not interested in being the adminstrator.  There are no issues if each agrees they are receiving their part of the estate.

Forming a trust for one gun sounds like a too expensive way to deal with this.

4 hours ago, WP22 said:

I don't know nutting about no law but they are the direct descendants. If it were me, I would be asking my brother: who will get the tupperware set? And how are we going to decide who keeps it? Coin toss? Exchange for something of an equal value?

Same thing.

Rock, paper, scissor, shoot............duhhh

 

Pun completely intended 

In 1982 I was part of such a "split" of firearms among 2 other offspring.  My mother doled-out the firearms on her dining room table to her three kids.  She was the Executrix.  No paperwork, which ones do ya want?  Dad's Ruger Blackhawk has won me matches, enabled me to teach single-action slip-cockin' technique, even hit a silhouette at 100 yds in the X-Ring.  

The one sister gives the other sister some money or "dibs" on stuff SHE wants.  And do so with all of the loose ends of the estate.  Lawyer time is billed by the hour.  The less the lawyer has to do the splittin', the less his/her "take" is  .  No lawyer needs to know diddly-squat about that .38 revolver or .45 automatic!

"Like sand thru the hour glass, so are the Days of our Lives".........

I've seen things you people wouldn't believe.

Attack ships on fire off the shoulder of Orion.

I watched C-beams glitter in the dark near the Tannhäuser Gate.

All those moments will be lost in time, like tears in rain. Time to die.

I'll buy it and they can split the cash.

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If they sell it, I am interested in it as well. I need to know a bit more detail before I hand over the cash but it sounds like something I would want. If there are any NJ evil aspects then being in free country USA might be a bit easier as well. Shoot me a pm with what it is exactly if you hear of it coming to that and I'll text you my number. 

All I need is one pic and a price to buy it. No stipulations, and it is 100% NJ Legal.

 

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On 4/3/2018 at 3:20 PM, WP22 said:

I've seen things you people wouldn't believe.

Attack ships on fire off the shoulder of Orion.

I watched C-beams glitter in the dark near the Tannhäuser Gate.

All those moments will be lost in time, like tears in rain. Time to die.

I love Blade Runner.  I’d give you two likes for for this post if possible.  

On 4/2/2018 at 2:56 PM, oldguysrule649 said:

Am making this inquiry on behalf of a friend of mine and his wife.  Neither is currently a firearm owner.  His wife and her sister inherited their father's possessions upon his recent death. (Their mother was already deceased.) Upon going thru an old trunk in the house, then came upon their father's goverment issued handgun from WW2 along with it's holster and a box of ammo from 1944.  It is apparently in very good shape according to my friend and they want to keep it in the family.  Here is my question.  The father did not have a will. So which of his daughters legally owns the handgun?  Is it just a matter of the daughters deciding amongst themselves who will be the sole owner going forward?  

Any insights would be appreciated.

 

 

If it gets to confusing I’ll buy it and they can get something they like better.  

It is truly amazing the stuff that family fights start over.  And in this case, the only winner is the lawyer.....

Work out a deal....I am sure there is something un-splittable that her sister wants.

 

Update: The mother was moved to a nursing home. Few assets. Home was eventually sold to cover the nursing home and other expenses. Before house was sold the sister retrieved the old trunk containing father’s personal stuff from WWII. The firearm in question is actually a German Walther PP in “9m/m”.

My friend was told by an ffl that it takes 9mm shorts (perhaps same as 32acp???). 

My friend  is applying for his Fid and P2P. Once he receives them he and the sister in law plan to meet at the ffl and do the transfer. 

9mm short or 9x17 (probably 9mm kurz on a German pistol) is .380 ACP.

https://en.m.wikipedia.org/wiki/.380_ACP

1 hour ago, High Exposure said:

9mm short or 9x17 (probably 9mm kurz on a German pistol) is .380 ACP.

https://en.m.wikipedia.org/wiki/.380_ACP

Or 9mm Browning Short, 9mm Court, etc. All the same as HE pointed out. 

Biggest lie / misconception / fallacy around about ANY possession that was acquired by someone dying :  

”there was no will.   I inherited it”

wthout a will in NJ the STATE handles Distribution of assets.   If you took possession of an asset AFTER the state said you can have it,  then you can say “I inherited it”.    If there was no will and you took (stole, lifted at night, or “nobody knew about and but he always said he wanted me to have it”..).    Just realize you took possession illegally just keep your mouth shut.  

Again:   taking something from the deceassed without a will and BEFORE the state declares it yours does NOT equal “i inherited it”.

 

More:   The state or will doesn’t need to specify every item.  It can merely say “all possession go to BLANK”

so if you don’t have state document that says “Possesuons go to...”.  Then again you did NOT inherit them.   You just have possession.  But you did not inherit them. 

People.   If your die without a will it’s a big middle finger to your family.   Get a will.  

On 4/8/2018 at 7:58 AM, oldguysrule649 said:

Update: The mother was moved to a nursing home. Few assets. Home was eventually sold to cover the nursing home and other expenses. Before house was sold the sister retrieved the old trunk containing father’s personal stuff from WWII. The firearm in question is actually a German Walther PP in “9m/m”.

My friend was told by an ffl that it takes 9mm shorts (perhaps same as 32acp???). 

My friend  is applying for his Fid and P2P. Once he receives them he and the sister in law plan to meet at the ffl and do the transfer. 

It is most likely a Walther PP or PPK if it was a WW2 bring back. They were available in .32acp and .380.

19 hours ago, Barms said:

More:   The state or will doesn’t need to specify every item.  It can merely say “all possession go to BLANK”

so if you don’t have state document that says “Possesuons go to...”.  Then again you did NOT inherit them.   You just have possession.  But you did not inherit them. 

People.   If your die without a will it’s a big middle finger to your family.   Get a will.  

I love it when someone says that they inherited their gun from their Dad who currently lives in VA.

6 hours ago, PK90 said:

I love it when someone says that they inherited their gun from their Dad who currently lives in VA.

Dad would have wanted it that way.....

 

Just thinking about this more as I’m updating thoughts about my will.  Honestly; unless your kin is really stoked to get a firearm, then don’t burden them with it.   All this crap about kin not knowing what to do with firearms... it’s irresponsible of you to leave firearms to unready people.   My will will give guns to someone I know is prepared to take them instead of my kin who is unprepared.  You may value your firearms more than your car, but for people unprepared for firearms  it’s stress, not money   And with NJ laws you might get them in jail   

It’s shameful to read repeated posts “what do i do with my dead fathers guns?”

What do you do with underage kids if you want to will them firearms? Can you have someone hold them in trust until they come of age?