NFA Form 5 transfer - heirs

[LawBob]

My brother passed owning "several" titleII arms. He had no will.

I am curious what is required to transfer these to his "heirs" tax-free...that is, what proof is required regarding heirship?

Do you have to attach the probate Letters of Administration?

Does the Executor (in this case his wife) have to transfer it acting as "the Estate of Firstname Lastname" of my brother?

What if she simply wishes to sell them (form 4)...

Do you just surrender them to a Class 3 dealer and let him sell it (or, in my case, if I purchase it from her, then who is the transferee - the estate, or the class 3 dealer?)

Thank you.

FYI - one of the items is an HK G3, unfired. Don't know which version yet, but I am also certain he has 10's of clips/accessories for it. Let me know if you have mild interest.

 

[BeltfedMG]

If its a instate transfer you dont need a SOT involved, out of state sales and then you get them involved, not sure on the heirs thing, hopefull you come out good on this.

 

[waterhouse]

Sorry for your loss.

Without a will the lawful heir will be generally be determined by State law. With a will I have heard that people generally attach it with the Form 5. Without one I'm not sure, but your local dealer (find one who deals in Title II arms) may be able to help you.

The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent's will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.

from:
http://www.atf.gov/press/breakingnews/fy01/bn_aug0999b.htm

 

[LawBob]

Do you think she could just name me an "heir" for them on the Form5, but could I put it into my NFA Trust that I already possess (as a Trustee of the trust)?

 

[danbrew]

You really do need to speak to an attorney well versed in both NFA regulations and intestate succession laws. Did your brother have children? They come in line before you do. My recommendation is to visit www.subguns.com and post a general question like the one you have above and ask for recommendations on attorneys in the state in which your brother lived.

danbrew

 

[2RCO]

Depending on the State in most cases of a surviving spouse with no will their really isn't any probate or even need to get attorneys involved in the estate-In a community property arrangement when the husband dies everything becomes the wife's property (kids, brothers etc. really don't matter unless they want to challenge in court--good luck with that by the way). The only other exception being banks, credit card comapanies etc. that might have a legal claim for monies owed. So she is sole heir and can do whatever she pleases. As far as the NFA part goes I would assume you would need documentation that you are an heir. Without getting an attorney involved this might be difficult. You might be best served to have her "sell" the items to you and pay the stamp.

After saying all this I am sorry for your loss and the loss of another shooter.