Death in family, transfer question

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mr fixit
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Death in family, transfer question

Post by mr fixit » Thu Jan 19, 2017 11:07 am

A coworker asked for help;

Father died, daughter is taking care of his stuff. She asked coworker to help with guns/knives/ammo type things. In going through the stuff they find a full auto MAC 10, a little looking finds the paperwork for it registered to Dad who is deceased.

So, the question becomes one of the transfer. I know it can be done on a Form 5 to her with no charge. However, at what point does she file that? Will she need any other paperwork from a court or other legal entity to go with the form to prove his death or her relationship? Does she have to wait for probate to finish, or can she file now?

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Re: Death in family, transfer question

Post by crazyelece » Thu Jan 19, 2017 2:49 pm

IIRC, when form 5 is filed, a death cert may be needed with it as well.

Whoever the executor is, is legal to be in possession until all the paperwork clears.

The form 5 should have an instruction sheet with it, along with the current paperwork, filling it out should be pretty straight forward.

This is assuming the daughter is the lawful heir, if not it could still transfer but it would be on a form 4 (tax paid).

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Re: Death in family, transfer question

Post by LawBob » Wed Mar 29, 2017 10:20 pm

The Form 5 will require the death cert and the will stating her as the heir.

IIRC, she will also have to do the fingerprints and photo IDs at this point to comply with last year's rule change.

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