Estate question if I should pass away unexpectedly

General silencer discussion. If you want to talk about a specific silenced rifle or pistol, it is best to do that in the rifle or pistol section for that brand.

All NFA laws apply.

Moderators: mpallett, bakerjw, renegade

Post Reply
User avatar
heliguy
Senior Silent Operator
Posts: 126
Joined: Sat Apr 05, 2008 5:21 pm

Estate question if I should pass away unexpectedly

Post by heliguy » Mon Nov 16, 2015 8:52 pm

I have a couple suppressors and a SBR. All of my relatives live in IL, which does not allow these in state. If I pass away, how does my estate (wife) handle these items? Just looking for some thoughts before I contact a lawyer.... These items are NOT in a trust.

LawBob
Silent But Deadly
Posts: 387
Joined: Thu Jan 22, 2009 12:23 am

Re: Estate question if I should pass away unexpectedly

Post by LawBob » Mon Nov 16, 2015 9:55 pm

They go to whomever your will says. if no will, then then intestate laws of your state where you die.

if they are unable to take them (illinois law) then they may escheat to the state.

I suggest you talk to a local attorney. you could establish a testamentary trust (a trust that is in effect AFTER you die) naming certain beneficiaries. The trust is established in your NFA friendly state, and the trustee could be someone there etc...

there's a lot to consider, contact a lawyer.

User avatar
silencertalk
Site Admin
Posts: 33985
Joined: Mon Apr 25, 2005 9:31 am
Location: USA

Re: Estate question if I should pass away unexpectedly

Post by silencertalk » Tue Nov 17, 2015 10:14 am

Maybe find a trusted local FFL/SOT who you wife can have sell them, take a commission, and hand over the extra money.

User avatar
L1A1Rocker
Silent But Deadly
Posts: 3578
Joined: Wed Feb 21, 2007 7:40 pm
Location: Texas Hill Country

Re: Estate question if I should pass away unexpectedly

Post by L1A1Rocker » Tue Nov 17, 2015 10:27 am

heliguy wrote:I have a couple suppressors and a SBR. All of my relatives live in IL, which does not allow these in state. If I pass away, how does my estate (wife) handle these items? Just looking for some thoughts before I contact a lawyer.... These items are NOT in a trust.
They go to whomever you list in your will. They will transfer on a Form 5 tax free, and no CLEO sign off needed. The estate will send in the Form 5 in duplicate along with a copy of the will and probate documents.

User avatar
doubloon
Silent But Deadly
Posts: 11901
Joined: Thu Jan 01, 2009 1:02 am
Location: Houston-ish

Re: Estate question if I should pass away unexpectedly

Post by doubloon » Tue Nov 17, 2015 1:10 pm

Maybe they'll be out of NFA soon then they'll get sold out of your garage on a folding table mixed in with the kitchen gadgets.
http://www.youtube.com/watch?v=BDtd2jNIwAU MUSAFAR!
http://www.youtube.com/watch?v=8CrOL-ydFMI This is Water DavidW
Complete Form 1s http://www.silencertalk.com/forum/viewtopic.php?f=10&t=79895

OJB4
Silent But Deadly
Posts: 572
Joined: Sat Mar 03, 2012 7:10 pm
Location: South Louisiana
Contact:

Re: Estate question if I should pass away unexpectedly

Post by OJB4 » Tue Nov 17, 2015 3:53 pm

doubloon wrote:Maybe they'll be out of NFA soon then they'll get sold out of your garage on a folding table mixed in with the kitchen gadgets.

If life could only be so easy.....A man can dream though. I'm dreaming about that day right along with you sir.
I've gotta stop this habit.

ncorry
Silent But Deadly
Posts: 182
Joined: Fri Jan 02, 2009 1:17 pm

Re: Estate question if I should pass away unexpectedly

Post by ncorry » Wed Nov 18, 2015 12:10 pm

heliguy wrote:I have a couple suppressors and a SBR. All of my relatives live in IL, which does not allow these in state. If I pass away, how does my estate (wife) handle these items? Just looking for some thoughts before I contact a lawyer.... These items are NOT in a trust.
\What state are you in now?

Post Reply