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Posted: 3/13/2002 3:53:12 PM EDT
I called my parents today and I was telling my mom that I might move an appointment to have my vehicle repaired back to Friday. She said, "You Can't". I asked why and she responded that she was going to be coming through tomorrow and we'd be going to Atlanta. I asked why and she finally said that my Uncle had died and his funeral is Saturday. This is the Uncle who taught me how to handle a gun, about different guns, firearms safety, etc...He was the main reason I like guns. He showed me that guns weren't evil, etc... I asked how he died and found out an artery ruptured in his leg and he bled to death. Man, that sucks. He called for help, but couldn't speak so he made his way out the front door where a neighbor found him a few minutes later and called 911. But, when they got there they were not able to resuscetate him. I am going to miss him as next to my parents he was the family member I was closest to. He was a good man who liked guns. I hate to think about this at this time, but he has a number of firearms. My Grandmother has them right now as the guns were at her place when he passed away. But, she isn't a gun person. I am the only person in my family that likes guns. So, it seems like I'd probably get his collection. The one problem is he is a Georgia Resident and I am a Florida Resident. But, as I understand it I can get the guns interstate as inheritance. He was only 51 and had no Will, so I would like to know what procedures I must follow to get his firearms w/o trouble from the ATF. Thanks, Chris.
Link Posted: 3/13/2002 3:56:43 PM EDT
If Georgia has no registration, I would put them in the trunk and drive home. I wouldn't tell a soul. No will, no paper trail. But that is just what I would probably do. I am sure otherse will have a different opinion. -elliott
Link Posted: 3/13/2002 4:00:02 PM EDT
Link Posted: 3/13/2002 4:04:27 PM EDT
Sorry to hear about the loss of your uncle, Chris. It's always bad to lose someone who is "like us." May he rest in peace, 51 is too young... As for his firearms, unless there is a registration issue or the weapons in question are illegal in Florida (your current state of residence) I don't see how there is anything illegal about bringing them back with you to Florida. Basically, they are "gifted" to you since your uncle has passed away. You're not buying them, and assuming there's no registration of the firearms, there really is no sale/transfer. Just take 'em home pal.
Link Posted: 3/13/2002 4:09:38 PM EDT
Sorry to hear this, losing someone in the family is always hard... As far as no will goes, probate will want 1/2 of the value of those firearms. Better consult a lawyer.
Link Posted: 3/13/2002 4:12:11 PM EDT
FIRST, I'm sorry for the loss of your uncle, he must of been a good man, by your discription of him. SECOND. Does anyone else in your family or other related relatives have any issues of you having your uncle's firearms? If not, there shouldn't be any problem of you taking possession of them if agreed by other family members. If the guns are somehow registered or licensed in you uncles name and then now they are in your possession, then I would take the legal precautions of making sure those guns are transfered to your name. [b]ArmaLiter[/b]
Link Posted: 3/13/2002 4:22:00 PM EDT
Georgia/Florida has no restrictions on you filling up the trunk and driving home as the new owner(besides access, yadda yadda going through St. Marks Preserve and such). Your aunt is the one with the authority for distribution of the arms. The arms are hers and she may know of specific claims in the family. As for the rest.....just damn. Glad you had a such an uncle. peace, Dave S
Link Posted: 3/13/2002 5:30:46 PM EDT
My uncle never married and has no children, so his only *adult* heirs would be myself, my father (his older brother), my grandmother (his mother), and my other uncle (his younger brother). We would prefer not to involve lawyers, if possible.
Link Posted: 3/13/2002 5:58:53 PM EDT
Link Posted: 3/13/2002 6:34:21 PM EDT
Post from cc48510 -
We would prefer not to involve lawyers, if possible.
View Quote
First, let me say I'm terribly saddened to hear of the loss of your Uncle. My Uncle Bob was my favorite person in the world next to my own Father. The two of them taught me how to shoot and to live off the land. We camped out many a night in West Texas, New Mexico, Arizona and Colorado. Being with the two of them was like being with two mountain men from the 1830s. I never felt the least bit scared no matter where we pitched our tents. Now, getting back to your Uncle's firearms. As there is no record of them that you need be concerned about, there is no need for you to worry about transferring them into your name. (Unless your Uncle had NFA Class III weaponry!) No more than you worry about transferring that weapon you bought at last weekend's gun show from a civilian into your name. Just pitch them in the trunk and drive! The only time you really need to consult an attorney is in the event that he left real estate, like his home, lake lot, etc., in his name. If the only thing he left were personal items and maybe an automobile or two, then you needn't worry about getting an attorney. Most states will permit you to transfer the title of a motor vehicle to a family member with just a 'certificate of heriship' which is basically just a sketch of your Uncles's family history - no children, two siblings, and a mother. The DMV will put the title into the name of whichever family member the others decide on. The remainder can be divided by family agreement. You simply have each person take his share from your Uncle's belongings with the view of equalizing out the distribution. Since it's basically an informal agreement, it need not be 'blessed' by any court. If your Uncle owned or was buying real property, then it gets a little stickier, and a lawyer will be necessary. Ask me any questions you need, but, remember, I only know the laws of Texas and Louisiana and not Georgia. Eric The(Helpful)Hun[>]:)]
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