Estate Issue....

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

  1. TripleO7

    TripleO7 Active Member

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    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.
     
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  2. JimP42

    JimP42 Mostly harmless Benefactor Charter Life Member

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    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.
     
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  3. Schattenreiter

    Schattenreiter Member

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    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
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  4. lasttombstone

    lasttombstone Active Member

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    Estate...... clerk of court....... estate lawyer........probate??????? I'm glad I'm poor and live back in the woods.
     
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  5. NCFubar

    NCFubar Well-Known Member

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    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
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  6. Catfish

    Catfish E Pluribus Mendacium Supporting Member

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    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
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  7. Tailhunter

    Tailhunter I am a Trapper Charter Member Supporting Member

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    Bottom line your guns are your guns.
     
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  8. JimP42

    JimP42 Mostly harmless Benefactor Charter Life Member

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    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)
     
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  9. dmarbell

    dmarbell Sensei of Humor Benefactor Charter Life Member

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    Yes, I misread the OP. The answer is no, nothing owned by you alone needs to be included.
     
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  10. Button Pusher

    Button Pusher Well-Known Member Benefactor Supporting Member

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    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. ;)
     
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  11. NCFubar

    NCFubar Well-Known Member

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    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”.
     
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  12. captcave

    captcave Heretic Supporting Member

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    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
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  13. MostWanted

    MostWanted I used to be JustInCase

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    This sounds so complicated, I'm glad I don't own any guns.
     
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  14. Catfish

    Catfish E Pluribus Mendacium Supporting Member

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    Me too.. reading comprehension fail. Im sorry for your loss
     
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  15. georgel

    georgel Behind Every Blade of Grass Supporting Member

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    Been there, done that. Condolences.
     
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  16. TripleO7

    TripleO7 Active Member

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    Thank you all for your responses.

    It can all be mind boggling, but worked out well in the end administratively. Despite what you may have heard, the ladies at the clerks office are very helpful.

    I went the Meck Superior Court House in the middle of the day expecting to grow much older waiting. I didn't even have to sit before being directed to the correct clerk after a few brief questions.
     
    Last edited: Dec 18, 2019
  17. georgel

    georgel Behind Every Blade of Grass Supporting Member

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    I've had positive experience as well. Be sure to follow through with everything they direct you to do. They stop being nice if you don't. ;)