Estate Issue....

Discussion in 'Firearms News and Views' started by TripleO7, Dec 4, 2019.

  1. TripleO7

    TripleO7 Active Member

    Joined:
    Jul 15, 2017
    Messages:
    777
    Likes Received:
    898
    Location:
    The Special Hell That is Suburbia
    Does anyone know if MY guns are part of my wifes estate for probate purposes?

    She didn't actually purchase any of them. All on my NICS and CHP.

    Thanks in advance for any input.

    I haven't participated as much as I would like to, especially recently but caregiving then all the after BS is energy consuming. I haven't been shooting in over a month. A new record for me.
     
    nchunt101 likes this.
  2. JimP42

    JimP42 Mostly harmless Benefactor Charter Life Member

    Joined:
    Dec 16, 2016
    Messages:
    2,456
    Likes Received:
    2,936
    Location:
    RTP-ish
    Who is going to fill out the paperwork? I hope you see where I am going with this...

    In NC, any joint property is automatically yours (technically I think it is called joint tenancy with right of survivorship). I don't know about other states. Anything only in her name (a car title or bank/investment/retirement account etc...) would be in her estate unless there is an explicit beneficiary on the account. Then it will just transfer directly with death cert for proof. That's what I remember. It was actually pretty simple. We knew it was coming and the only thing we missed getting ready ahead of time was one car title. Everything else was joint or had a beneficiary. Probably a good idea to get a consult from an estate lawyer. Use the opportunity to get your estate planned as well - will, medical directive at least, maybe a trust depending on the beneficiaries.
     
    TripleO7 likes this.
  3. Schattenreiter

    Schattenreiter Member

    Joined:
    Dec 19, 2016
    Messages:
    2,471
    Likes Received:
    3,960
    No one should know what guns you own unless you provided someone with a record of them. If you want a legal answer ask the clerk of court in your county. Nothing happens in an estate with out their ok.
     
    Last edited: Dec 4, 2019
    TripleO7 and gunbelt like this.
  4. lasttombstone

    lasttombstone New Member

    Joined:
    Nov 10, 2019
    Messages:
    33
    Likes Received:
    69
    Location:
    Northern Granville Co.
    Estate...... clerk of court....... estate lawyer........probate??????? I'm glad I'm poor and live back in the woods.
     
    TripleO7 likes this.
  5. NCFubar

    NCFubar Well-Known Member

    Joined:
    Dec 19, 2016
    Messages:
    3,038
    Likes Received:
    5,716
    FOR NOW the only paper trail NC has are 4473 for firearms purchased thru a FFL and a semi-trail of “you probably own” based on CHP and PPP paperwork (which doesn’t list anything more than the Sheriff granted you permission to own and or/carry a handgun). My will does specifically say my son gets my stuff when he legally can possess stuff otherwise my wife. I’d just make sure your wife has a CHP and she basically claims them as “community property”. My first wife did that in the divorce and even laid claim to firearms I had before we married in the property settlement ... thanks to my gun rider policy.

    ETA: if you list individual firearms to certain individuals they would have to go thru probate but if she is “surviving spouse” I say the above.
     
    Last edited: Dec 4, 2019
    TripleO7 likes this.
  6. Catfish

    Catfish E Pluribus Mendacium Charter Member

    Joined:
    Dec 16, 2016
    Messages:
    5,626
    Likes Received:
    9,802
    Location:
    Charlotte
    Your guns are personal property just like a TV UNLESS you have a registered silencer or SBR. If it makes you feel better put it in your will.
     
    Last edited: Dec 4, 2019
    Button Pusher, bashman and TripleO7 like this.
  7. Tailhunter

    Tailhunter I am a Trapper Charter Member Supporting Member

    Joined:
    Dec 17, 2016
    Messages:
    5,659
    Likes Received:
    6,987
    Location:
    Stokes County
    Bottom line your guns are your guns.
     
  8. JimP42

    JimP42 Mostly harmless Benefactor Charter Life Member

    Joined:
    Dec 16, 2016
    Messages:
    2,456
    Likes Received:
    2,936
    Location:
    RTP-ish
    Either I am confused, or somebody else is - I think he is asking whether after his wife just passed, he needs to include his guns in her estate... (no)
     
    NCFubar and dmarbell like this.
  9. dmarbell

    dmarbell Sensei of Humor Benefactor Charter Life Member

    Joined:
    Dec 17, 2016
    Messages:
    2,042
    Likes Received:
    3,558
    Location:
    Fuquay-Varina
    Yes, I misread the OP. The answer is no, nothing owned by you alone needs to be included.
     
    NCFubar likes this.
  10. Button Pusher

    Button Pusher Well-Known Member Benefactor

    Joined:
    Feb 2, 2017
    Messages:
    8,735
    Likes Received:
    10,577
    Location:
    Raleigh
    Any NFA items should not be in a will but in a Trust, that keeps these items out of probate,
    anything that goes to probate is a public record. The Trust can have beneficiaries and specify what items they are to receive,
    and or successor Trustee(s). BTW I am not a lawyer but watched every law TV show since 1960's. ;)
     
    12151791 likes this.
  11. NCFubar

    NCFubar Well-Known Member

    Joined:
    Dec 19, 2016
    Messages:
    3,038
    Likes Received:
    5,716
    Oh my damn ... I did read it wrong ... but same type thing applies. If it’s not specifically listed in a will ... “surviving spouse” should apply for “personal items”.
     
    Button Pusher likes this.
  12. captcave

    captcave Heretic Supporting Member

    Joined:
    Dec 17, 2016
    Messages:
    137
    Likes Received:
    222
    Location:
    Jacksonville
    If you're in NC you'll have to go talk to a clerk at the courthouse that handles estates. They are usually great people and will be able to guide you through what you need to do. You don't have to do everything immediately, just do a little at a time, and make sure you take care of YOU for a while.
     
    Last edited: Dec 4, 2019
  13. MostWanted

    MostWanted I used to be JustInCase

    Joined:
    Dec 31, 2016
    Messages:
    890
    Likes Received:
    1,736
    Location:
    Wake County
    This sounds so complicated, I'm glad I don't own any guns.
     
    Jeppo likes this.
  14. Catfish

    Catfish E Pluribus Mendacium Charter Member

    Joined:
    Dec 16, 2016
    Messages:
    5,626
    Likes Received:
    9,802
    Location:
    Charlotte
    Me too.. reading comprehension fail. Im sorry for your loss
     
  15. georgel

    georgel Behind Every Blade of Grass

    Joined:
    Dec 17, 2016
    Messages:
    4,448
    Likes Received:
    6,782
    Location:
    em95gc
    Been there, done that. Condolences.