This question is and is not gun related to a degree, more of a legal question. Mods please relocate if necessary.

So anyway, my wife and I are working on our wills and unfortunately the lawyer I am using knows absolutely nothing about NJ gun laws. His services are free, so i'm not complaining too much.

Anyway, I need clarification on one particular item. We are leaving everything to our kids once they turn 21 but we will have an executor controlling the money until they turn 21. As for all my toys however, I want my older son to have them when he turns 18. The issue is that he is 17 now and if both myself and my wife die tomorrow, can the executor legally hold onto the guns until my son turns 18? The assumption here is that the executor CAN legally own firearms in NJ, but, does not hold an FPID. And then give them to my son when he turns 18? And will the executor, and/or my son, need pistol purchase permits?

As always, any and all help is greatly appreciated. 

I"m not qualified to address the age issue and the executor holding them in the interim.

But I can say that you should have a specific firearms clause in your will. For example 'all firearms, firearm accessories, firearm tools and all ammunition are to go to my son'. Don't rely on 'everything I own goes to my son'. Don't lump them in with everything else.

You don't want any ambiguity in the will with respect to your firearms; call them out separately. And if your wife has any she should also be specific.

4 minutes ago, 45Doll said:

I"m not qualified to address the age issue and the executor holding them in the interim.

But I can say that you should have a specific firearms clause in your will. For example 'all firearms, firearm accessories, firearm tools and all ammunition are to go to my son'. Don't rely on 'everything I own goes to my son'. Don't lump them in with everything else.

You don't want any ambiguity in the will with respect to your firearms; call them out separately. And if your wife has any she should also be specific.

Yes, I agree, I will definitely have a specific firearms clause in the will, and so will my wife since she will be the primary beneficiary.

4 hours ago, MartyZ said:

As for all my toys however, I want my older son to have them when he turns 18. The issue is that he is 17 now and if both myself and my wife die tomorrow, can the executor legally hold onto the guns until my son turns 18?

Long guns or handguns? NJ is 21 to possess handguns.

4 hours ago, 45Doll said:

But I can say that you should have a specific firearms clause in your will. For example 'all firearms, firearm accessories, firearm tools and all ammunition are to go to my son'. Don't rely on 'everything I own goes to my son'. Don't lump them in with everything else.

You don't want any ambiguity in the will with respect to your firearms; call them out separately. And if your wife has any she should also be specific.

Absolutely correct, spell it out completely on each item where it goes.

I can’t speak to the estate laws in NJ but I had to do it for my moms estate in Maine. My understanding is that the estate, as an entity, technically owns everything until the executor divides it up as per the rule or other directive.  

Gun-wise the executor does not need to take possession of the firearms before distributing to beneficiaries but they are responsible for finding someone to take temporary possession until that can occur.  Technically that’s after the property is sold. The estate owns the property and the firearms could be secured there (tho not always a great option for obvious reasons). 

As for your son, you could have a clause that states that the guardians or anyone else eligible take temp possession until your son can legally take them. 

Didnt NJ have an exception on the 21-thing for inheritance?

I thought it was 18 to own and 21 to buy. But in either case, as per the lawyer, you can't give to anyone temporarily, this holds true for everythig, not gun specific. It either stays in the estate under the control of the executor until beneficiary reaches specified age, or goes to the beneficiary right away. What he didn't know are the laws regarding executors and firearms.

I've heard of people setting up some kind of trust to hold guns until minors come of age. Don't know the particulars, though. When I kick my kids know where to find the good stuff. No paper trail needed. 

9 hours ago, Handyman said:

I've heard of people setting up some kind of trust to hold guns until minors come of age. Don't know the particulars, though. When I kick my kids know where to find the good stuff. No paper trail needed. 

I'm just worried about this 1 year. Once he turns 18, there are no issues, he gets everything.

12 hours ago, MartyZ said:

I thought it was 18 to own and 21 to buy. But in either case, as per the lawyer, you can't give to anyone temporarily, this holds true for everythig, not gun specific. It either stays in the estate under the control of the executor until beneficiary reaches specified age, or goes to the beneficiary right away. What he didn't know are the laws regarding executors and firearms.

I'm pretty sure your correct. 18 to own and 21 to buy. That's the way it is here in NH so I'm guessing it's a federal law? @Smokin .50 probably can shead some light on the subject. 

 

Set up a trust and use that as a holding place for the transfer.  That will also help with estate taxes, etc.  https://www.fidelity.com/life-events/estate-planning/trusts