What to do with nfa items after death?

[taos]

I did a search before posting, but none of the topics presented quite matched up with my situation.

My dad passed away a few months ago and we're trying to get his affairs wrapped up with as little drama as possible.  When he passed away, he had a few NFA items. I know that we can use form 5 to transfer the items to a lawful heir. The thing is after speaking with an attorney on just the estate in general,  she said it really wasn't worth going through probate to deal with settling debts and dispersing what's left over. Which I'm fine with. But that means we don't technically have an executor for the will. 

Is it possible to fill out  form 5 and have my mom (as the surviving spouse serve as "executor / personal representative") either transfer them to herself or transfer them to me?  Or are we going to have to open probate just to deal with these items?

Help?

[Guest BCR#1]

You need to talk to an nfa attorney. Steven Holbrook is/was the best but I have no idea he is still practicing or even alive.

Bill

[jpx2rk]

The position of executor/personal representative is a "legal/fiduciary" position, and can only be recognized when the will is probated and the executor/PR is appointed by the court.  The court will issue "letters of administration" which indicate who the executor/PR is.  This document is necessary to perform the functions of PR.  Your mother could decline to serve and then you  be appointed as PR.  

Since NFA items are involved, you should probably do it the legal way so whoever receives the items in question do not have issues later down the road.  The attorney you have should be able to do this at minimal cost, but it really depends on the attorney.  

[1gewehr]

John Harris in Nashville is the best Firearms attorney in TN.  He is very familiar with NFA law.  You can reach him through the Tennessee Firearms Association website as he is the Director.

With NFA items, always play it safe as some things have extremely high values and the penalties for messing it up can be pretty severe.

[mikegideon]

1 hour ago, 1gewehr said:

John Harris in Nashville is the best Firearms attorney in TN.  He is very familiar with NFA law.  You can reach him through the Tennessee Firearms Association website as he is the Director.

With NFA items, always play it safe as some things have extremely high values and the penalties for messing it up can be pretty severe.

http://johniharris.com

 

[Capbyrd]

Two pieces of information.  The first is from the Form 5 instructions.  

 

Quote

8. Estates, Trusts, and Other Transfers by Operation of Law. When a firearm is being transferred from an estate by bequest or intestate succession (see 27 CFR § 479.90a), or by other operation of law to a beneficiary or other authorized recipient, ATF Form 5 is used to effect the transfer. The executor, trustee, or other person appointed to dispose of property shall provide documentation of the legal status of the person entitled to receive property, and shall identify that person in item 2a. In the case of an estate, item 3e shall be completed to reflect the decedent's information. If the transfer is to someone other than to a person identified under operation of law, the transfer is subject to transfer tax and ATF Form 4 shall be used.

 

 

 

This is from a lawyer giving instructions on how to fill out the form five.  

 

Quote

3b: This is the Name of the Personal Representative or Executor. Remember that a will does not make someone the PR, it just gives a preference to a court to appoint that person if they are qualified. You will have to include court papers showing that this person has in fact been appointed.