a difficult situation

[Kentak]

The guns aren't yours, don't think about having them walk away. If other family members aren't willing to use persuasion with grandma, then give it up. It's not the end of the world.

Then again, grandma could have an unfortunate accident.

JUST KIDDING!

K

 

[Neo-Luddite]

Reason No. 891 why gun nuts should disperse their collections as they wish prior to their death.

I hope it works out for you--and keep it out of the courts.

 

[Gaucho Gringo]

My advise is to get a lawyer pronto. My dad died over 28 years ago without a will. I am still upset with my mom for not giving his guns and my grandfathers guns to me, She sold them to somebody else a few years after his death. I did not pressure her at first on giving me the guns as I assumed she would let me have them and that was my mistake. Take action immediately.

 

[Aguila Blanca]

I'm completly unknowledgeable on this subject. is that possible, for her to be exectuter with out any kind of will? i'm not sure if there is a lawyer involved, I haven't heard of one...does there have to have been one? where can I access this kind of paperwork/information if she won't share it with the rest of us?

An executor cannot do anything without the approval of the judge of probate. First off, that's where you can find a copy of whatever document appointed her executor ... and you can then read what (if any) instructions were provided or limitations imposed.

If the judge of probate doesn't have anything appointing her as executor besides her word, ask him to put everything on hold while you and the other heirs engage an attorney to show the Court that auntie isn't doing what the deceased would have wished.

By the way, while nothing is universally true, in general judges of probate are not synpathetic to one loose cannon challanging a will, but when an entire family stands up and says "Whoa, Nelly" the judge usually pays attention.

 

[akodo]

one thing for you guys with big collections, if you have an inventory list, also add who you would like to get that gun. If you don't put a little tag on each one with a person's name on it.

 

[RPCVYemen]

... ask him to put everything on hold while you and the other heirs engage an attorney to show the Court that ...

And then watch the bulk of the estate be divided between her lawyers and your lawyers - with a reasonable chance you'll lose in the end.

Mikd

 

[Grey54956]

Probably best to leave the lawyers out of it, unless she is being truly difficult or underhanded...

You and your pro-gun relatives might decide to offer to purchase the firearms from the estate, or to count their value towards your inheritance. Lawyering up will only make things get ugly fast, but it may be the only way to go.

 

[kellyj00]

if she's in charge, she's in charge. If I want to, I can take all my guns and turn them into the police department...and yes, that would make a bunch of you angry...but there ain't a thing you can do about it, because it's my stuff and it is a FREE country.

If I were you, I'd try to convince her that those are heirlooms and not weapons. Tell her that you would like to see them go to her kids, or to someone in the family, not necessarily you. Be sure that you are getting the point across on this one, that these aren't entitled to YOU but that they are property of the entire family and anyone who is nostalgic should gain access to them. Be sure you remind her that there she has no legal responsibility to those guns if she gives them away, as the government doesn't hold a database of all the serial numbers for 1 (common misconception among non-gunners), and remind her that people kill people, not guns.

If all that fails, tell her you'll pay her for them. Tell her to take them down to the pawn shop to get them 'appraised' if she wants and you'll double that amount. No matter what the pawn shop offers her for those guns, doubling it won't hurt anyone.

Don't be forceful, like I'm being now. Remember, this is your aunt, she owns the firearms, it's her call and no matter what happens she's still kin. Wouldn't hurt to even tell her that. If you go after this like a rabid badger in a henhouse she's going to think that you're up to no good, and she'll destroy them just to clear her conscience.

 

[Vern Humphrey]

if she's in charge, she's in charge.

But she's not in charge. Even if she is legally the executor of the estate, she has no right to destroy valuable property that rightfully belongs to all the heirs.

If I want to, I can take all my guns and turn them into the police department...and yes, that would make a bunch of you angry...but there ain't a thing you can do about it, because it's my stuff and it is a FREE country.

You can take your guns, but you can't take my guns. Laws that protect the rights and property of others is what makes it a free country.

 

[wdlsguy]

Remember, this is your aunt, she owns the firearms

The aunt doesn't own the firearms, the estate does. The aunt (as executrix) has a fiduciary responsibility to the heirs.

 

[XD Fan]

They are not her guns. They belong to the heirs of the estate.

 

[Houston Tom]

First I am sorry for your loss,

Was there a will, it varies by state even if there is anexecutor but no will then there in nothing to execute. It could be ordered to probate and the entire estate sold off, usually family gets first shot, you might have to buy them back but then the money tht you spend is divided up. good luck.

 

[Autolite]

Perhaps you could emphasise the importance of the firearms being of historical and sentimental value, then maybe suggesting that you would be willing to make a contribution towards the cancer society in appreciation of her generosity ...

 

[cassandrasdaddy]

at the risk of redundancy get a lawyer i was executor of my moms will and it got nasty with me against my lawyer sis. i am executor for my exboss/mentors will and it will be real interesting he left his kids 10 bucks each outa a multimillion dollar estate. i recently saw a friends inheritence shrink form 250 k to 85 k with no documentation when he chose to let it ride when his aunt "handled everything"

 

[another okie]

If there is no will and no court order, she's not the executor. You can't just decide for yourself to be executor, nor is a piece of paper from the decedent enough to give someone legal authority over the estate.

What's more, depending on the state in which your uncle died, she may not be the sole heir. When someone dies without a will state law determines who inherits what. Many states split the estate up among children as well as the spouse.

If she's agreed to your and your gunnie relatives having the guns, I would suggest making up a simple document like a bill of sale and having everyone closely related to your uncle sign it, indicating who gets which gun and that everyone is in agreement.

Many estates don't require probate because bank accounts and real estate and cars are often in joint names, and usually no one cares enough about miscellaneous personal property to justify a court action.