Armory Sponsor
Posted: 6/9/2010 9:18:36 AM EDT
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Registered owner of class 3 (full auto) passes away.
All property was willed to his spouse. Class 3 weapon ... what needs to happen next? Does a class 3 dealer have to "control" the weapon during the paperwork process? Can the spouse give the weapon to a son who is over 21 yoa and, if so, how does that effect the paperwork/process? Thanks in advance for any experience and/or knowledge that you can share. I know that retaining an attorney is the way to go, so I don't need that advise ... |
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Quoted:
Registered owner of class 3 (full auto) passes away. All property was willed to his spouse. Class 3 weapon ... what needs to happen next? Spouse fills out and files a Form 5, for a tax-free transfer to her. Does a class 3 dealer have to "control" the weapon during the paperwork process? No, a dealer cannot have control. The only person who can legally possess the weapon is the executor of the estate. Can the spouse give the weapon to a son who is over 21 yoa and, if so, how does that effect the paperwork/process? If it is transferred to anyone who is not a legal heir, it must be done via a $200-tax-due Form 4. The executor fills it out on behalf of the deceased. Thanks in advance for any experience and/or knowledge that you can share. I know that retaining an attorney is the way to go, so I don't need that advise ... More info is available here: http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html |
| She can do a form 5 directly to someone who is inheriting the weopon and skip the form 5 to herself. The transferee can inherite trough a will, trust or simply through the laws of intestacy. On second reading of the OP's post, Tony is +. I was assumeing that she was the executer and wanted to distritute this item of the estate to the son, as a legal heir. I think I just chased my tail back to where I started. |
Armory Sponsor